Commonwealth v. Madison

CHERRY, S.J., Specially Presiding,

James Madison, who has been indicted on counts of first and third degree murder, has filed a motion for pre-trial bail on which motion a hearing has been held and briefs filed.

*162Article I, sec. 14, of the Pennsylvania Constitution provides: “All prisoners shall be bailable by sufficient sureties, unless for capital offenses when the proof is evident or presumption great ...” As used in this section the term “capital offense” means a crime for which the death penalty may but need not be inflicted: Com. ex rel. Alberti v. Boyle, 412 Pa. 398, 195 A. 2d 97 (1963).…