Ex Parte Carlisle

CATES, Presiding Judge.

This is a petition for bail. Honorable Charles M. Nice, Judge of the Tenth Judicial Circuit, Birmingham Division, has previously conducted a hearing on habeas corpus. He denied bail, announcing at the end of the hearing:

“THE COURT: Well, in view of the Grand Jury notes, and in view of the three felonies of rape and two robberies, and in view of the past record, no bond.”

Ex parte Bynum, 294 Ala. 78, 312 So.2d 52, is probably the latest decision on the right to bail before conviction, as guaranteed by our constitution, § 16. The test, basically, is whether the defendant…