Ex parte Osborn
Supreme Court of Arkansas
Petition for Habeas Corpus to admit to bail. An. indictment for a capital offence does not raise a presumption of guilt against the prisoner so strong as not to be rebutted by him; and upon an application to be admitted to bail, the court may go behind the indictment.
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Petition for Habeas Corpus to admit to bail. An. indictment for a capital offence does not raise a presumption of guilt against the prisoner so strong as not to be rebutted by him; and upon an application to be admitted to bail, the court may go behind the indictment. White, ex parte, 4 Eng., 222. The only capital homicide is murder in the first degree; which is a willful, deliberate, malicious and pre-meditated hilling; and the. proof of such a killing must be evident or the presumption great; otherwise the prisoner has the right to be let to bail. Seo. 16 bill of rights; seo. 1, eh. 51…
1Opinion of the CourtJustice Harper
This is an application to review the decision of the circuit court of Saline county at the March term 1866, refusing to grant the petitioner bail. The case is exhibited here by a duly certified transcript of the record which contains the whole case including tbe indictment for murder in tbe first degree, with tbe evidence adduced on tbe motion for bail, and tbe opinion of tbe court overruling said motion. Tbe petitioner also alleges that tbe judge of said circuit court of Saline county is now absent from tbe state, as petitioner is advised and believes, to remain absent several months.
Tbe…
2Cited by1 opinion
- Bradshaw v. StateSupreme Court of Arkansas · 1971