Legal Opinion

In re Perry

Wisconsin Supreme Court

Decided June 15, 1865PublishedCited by 9 opinions

APPLICATION for a Writ of Habeas Corpus. The petitioner was imprisoned in the common jail of Wal worth county, under a commitment from a justice of the peace for said county, dated June 27th, 1865, which stated in the usual form that he had been charged with the crime of murder committed upon one Shay, and that there was reasonable cause to believe him guilty, &c.

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APPLICATION for a Writ of Habeas Corpus. The petitioner was imprisoned in the common jail of Wal worth county, under a commitment from a justice of the peace for said county, dated June 27th, 1865, which stated in the usual form that he had been charged with the crime of murder committed upon one Shay, and that there was reasonable cause to believe him guilty, &c. The county judge of said county refused an application of the prisoner to he admitted to bail, on the ground that his right to bail was doubtful. The constitution of this state, sec. 8, Art. I, provides that “ All persons shall…

1Opinion of the Court

By the Court,

Downer, J.

The court are of opinion that since the abolition of capital punishment in this state, persons charged with murder are in all cases bailable.

The motion is granted.

2Cited by9 opinions

  1. People Ex Rel. Hemingway v. ElrodIllinois Supreme Court · 1975
  2. Ex parte HeathSupreme Court of Missouri · 1910
  3. In re BallSupreme Court of Kansas · 1920
  4. Ex parte WalkerCourt of Appeals of Texas · 1889
  5. State Ex Rel. Campbell v. WoodWest Virginia Supreme Court · 1967

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