Bennett v. State

Everett Bennett was indicted for the murder of Lee Morgan, and was convicted of manslaughter.

The trial of the defendant occurred in December, 1927. A month before the defendant moved the court to be admitted to bail. The motion was denied and counsel assign that ruling as the fifth error committed. The trial of the defendant had not begun. If he desired bail it could have been obtained by a writ of habeas corpus if the proof was not evident and the presumption not great.

The preliminary application to be admitted to bail is not part of the trial. One may not wait until his case is called for…