State v. Kauffman

Having been held to answer the charge of murder and committed to the custody of the sheriff of Minnehaha county the defendant applies for an order admitting her to bail.

The Constitution of this state secures to every one accused of crime the right to bail in all cases except when charged with a capital offense and even then, unless the proof of guilt is evident or the presumption of it is great. It declares: “All persons shall be bailable by sufficient sureties, except for capital offenses when proof is evident or presumption great.” Article 6, § 8. As said by Mr. Justice Field in construing…