In re Alexander
Supreme Court of Missouri
Appeal from Andrew Circuit Court. I. This court bas jurisdiction. (State Const., Art. YI. § 3— Wagn. Stat., 53; Id., 685, § 2; 690, § 38; 9 Mo., 682; 12 Mo., 175; 36 Mo., 201; 8 Barb., 158.) II. The provisions of the statute regulating practice in criminal cases, and which specify the court and officers who may take bail, do not apply to this case. This is a proceeding under the statute concerning habeas corpus, and is governed by that statute. III.
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Appeal from Andrew Circuit Court. I. This court bas jurisdiction. (State Const., Art. YI. § 3— Wagn. Stat., 53; Id., 685, § 2; 690, § 38; 9 Mo., 682; 12 Mo., 175; 36 Mo., 201; 8 Barb., 158.) II. The provisions of the statute regulating practice in criminal cases, and which specify the court and officers who may take bail, do not apply to this case. This is a proceeding under the statute concerning habeas corpus, and is governed by that statute. III. The fact that two juries have failed to convict, shows that the proof is not evident, nor the presumption great. (5 Cow., 53 ; 1 Bish. Crim. Pr.,…
1Opinion of the CourtWagner, Judge
This is an application on behalf of the prisoner, to admit him to bail. He is under indictment for murder in the first' degree, and the record of the proceedings accompanying the return shows that he has been twice tried, and on both occasions the jury were unable to agree. It is claimed that these disagreements of the jury create such a doubt of the prisoner’s guilt'as entitles him to be bailed.
The bill of rights incorporated in the constitution of this State, declares “that all persons shall be bailable by sufficient sureties, except for capital offenses, where the proof is evident or the…
2Cited by9 opinions
- Mozorosky v. HurlburtOregon Supreme Court · 1921
- Ex Parte Richard VerdenSupreme Court of Missouri · 1922
- In Re WeinbergCalifornia Supreme Court · 1918
- State ex rel. Mollineaux v. Madison County CourtSupreme Court of Missouri · 1896
- Ex parte ClaunchSupreme Court of Missouri · 1879
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