Legal Opinion
Ex parte Colter
Indiana Supreme Court
Decided May 15, 1871PublishedCited by 4 opinions
APPEAL from the Hon. Scott Carter, Judge of the Fifth District, sitting in Franklin Circuit Court.
1Opinion of the CourtDowney, C. J.
Colter was indicted for murder in the second degree, and having been arrested, made application by habeas corpus to be let to bail. After a hearing, the judge refused to let him give bail, and remanded him to prison. From that decision he appeals.
It’ is insisted that murder in the second degree is always a bailable crime. The constitution provides, that “offenses, other than murder or treason, shall be bailable by sufficient *110sureties. Murder or treason shall not be bailable, when the proof is evident, or the presumption strong.” Art. I, sec. 17. It is supposed that the word “murder” used in…
2Cited by4 opinions
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