Holland v. State

Deen, Judge.

The defendant was bound over to the Superior Court of Jones County on a charge of rape. Pending trial he made a motion before the trial judge for bail to the time of trial, which he alleges will be during the October term of that court, the denial of which is the subject matter of an appeal now pending before this court. He has also filed a special motion for bail, praying that this court declare that the offense charged is not a capital felony and that he is entitled to reasonable bail as a matter of right. Held:

"Capital offenses are bailable only before a judge of the superior…