Perdue v. State

CATES, Judge.

Appeal from denial of habeas corpus for bail.

Perdue was indicted for the capital offense of robbery. He alleged in his habeas corpus petition that the State’s evidence was not enough to justify electrocution.

Petitioner’s evidence sought to show alibi. The State adduced an eyewitness to the robbery of a filling station. This man said that two men, one of whom he identified as Per-due, perpetrated the crime.

This State’s witness testified that Per-due’s alleged accomplice backed up his menaces with a sawed-off shotgun. On cross it was brought out that no one was injured.

In robbery…