Commonwealth v. Manley

Hoban, J.,

This is a proceeding of habeas corpus for the purpose of determining whether defendant, accused of murder, is entitled to be released from confinement on bail. The theory of counsel for defendant is that the facts indicated on the preliminary examination and from the testimony taken on this writ could not justify a finding of guilt of any offense higher than murder in the second degree; *195hence, under the provisions of article I, sec. 14, Constitution of Pennsylvania, the offense proven not being capital, defendant should be entitled to bail.

Apparently the right to bail for a…