Ex parte McAnally
Supreme Court of Alabama
The petitioner, McAnally, was in custody, charged with rape. Bail having been refused him by the probate judge, he now renews his application to this court. McAnally is entitled to bail as a matter of right, unless the evidence leads the minds of the court to the conclusion that he would be punished capitally, on a trial for the offense; and the evidence in this case leaves it in doubt.
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The petitioner, McAnally, was in custody, charged with rape. Bail having been refused him by the probate judge, he now renews his application to this court. McAnally is entitled to bail as a matter of right, unless the evidence leads the minds of the court to the conclusion that he would be punished capitally, on a trial for the offense; and the evidence in this case leaves it in doubt. Revised Code, §§ 4234, 4235; Ex parte Banks, 28 Ala. 99; Ex parte McCrary, 28 Ala. 71; Ex parte Howard, 30 Ala. 43; Ex parte Bryant, 34 Ala. 277.
1Opinion of the CourtBrickell, C. J.
By the common law all offenses, however high, including murder and other felonies, and treason, were and still are bailable, before indictment found ; though not as matter of right in cases of capital felonies, but as matter of judicial discretion. The facts and circumstances of each particular case, regulated in a large degree the exercise of the discretion. Judicial decision established it as a rule, that one accused of a capital felony should be admitted to bail whenever, upon examination of the evidence, the presumption of guilt was not strong. But whether the felony was capital or not,…
2Cases cited4 opinions
- Ex parte McCrarySupreme Court of Alabama · 1853
- Ex parte BryantSupreme Court of Alabama · 1859
- People v. Van HorneNew York Supreme Court · 1850
- Ex parte HolbrookNew York Supreme Court · 1825
3Cited by59 opinions
- Ex Parte BynumSupreme Court of Alabama · 1975
- Ex parte NettlesSupreme Court of Alabama · 1877
- Nooe's v. Garner's Adm'rSupreme Court of Alabama · 1881
- Ex parte SloaneSupreme Court of Alabama · 1891
- State v. KonigsbergSupreme Court of New Jersey · 1960
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