Butt v. State

Virgil Butt was convicted of murder in the first decree in the circuit court of Sumner county, the jury .finding mitigating circumstances, and there was im*417posed on him a sentence of life imprisonment. On appeal to this court, and on a continuance of the canse to the next term of this court by consent of the prisoner, he has moved to be admitted to bail. The State resists.

The position taken by appellant in behalf of this application is: That the fact of the jury’s finding of mitigating circumstances repels the idea that the proof is evident and the presumption great of his capital guilt; that…