State v. Koester

Rice, J.,

delivering the opinion of the Court:

*260The State contends:

1. That this Court is without' jurisdiction to admit a defendant to bail in a capital case after indictment found by the Grand Jury.

2. That even if the Court has such jurisdiction the indictment is conclusive in its presumption of guilt of the accused prior to trial before the Petit Jury.

3. That even if the .Court has jurisdiction to admit to bail in such cases and the indictment does not constitute a conclusive .presumption of guilt before trial, the evidence before the Coroner does not disclose a state of facts which would make…