State v. Bouchelle

As the decision of this Court in awarding a writ of prohibition in this proceeding is contrary to the express provision of the statute which confers jurisdiction upon a circuit court to grant bail to a prisoner after his conviction of any offense other than an offense for which the penalty is death or confinement in the penitentiary for life, I respectfully but emphatically record my dissent.

The statute, in force when the prisoner, E. A. McCoy, after bail had been refused by the Intermediate Court of Kanawha County, made his motion in the circuit court of that county to grant him bail, and…