Ex parte Strange

Morrison, C. J.:

The petitioner is being prosecuted by information, filed in the Superior Court of Santa Cruz County, for the crime of *417murder, and is brought before me on a writ of habeas corpus, for the purpose of obtaining an order admitting him to bail.

By Article i, Section 6, of the Constitution, it is declared that " all persons shall be bailable by sufficient sureties, unless for capital offenses where the proof is evident or the presumption great.” By Section 1285 of the Penal Code it is provided that “ if the offense charged is punishable with death, the officer arresting the defendant…