Ex Parte Herndon

T]he petitioner, John Herndon, having been convicted in the district court of Greer county of murder and sentenced to imprisonment for life at hard labor, appealed from the judgment and sentence, and said appeal is now pending in this court. In this proceeding he makes application to this court to be allowed bail pending its decision on his said appeal.

The petitioner bases his application for bail upon section 8 of the Bill of Rights (Const, art. 2, §8), which provides :

“All persons shall be bailable by sufficient sureties, except for capital offenses, when the proof of guilt is evident, or…