State v. Cauthen

Petitioners, appellees here,'were indicted by the grand jury for murder in the-first degree. This charge being prima facie not bailable, petition for habeas corpus was made to the judge of the Second judicial circuit, and from an order granting petitioners bail the state, through its solicitor, appeals, under the provision of Code 1907, § 6245.

That the state has a right of appeal from an order on habeas corpus in a case of this character is settled. Section 6245, Code 1907; State v. Davis, 156 Ala. 181, 47 South. 182; State v. Lowery et al., 143 Ala. 48, 39 South. 309.

The only question…