In re Losasso
Supreme Court of Colorado
Original Application for Habeas Corpus. It is alleged, among other things, in the petition that Genaro Losasso and Gaetano Losasso are held in custody by the jailer of Arapahoe county upon a pretended indictment charging them, with murder in the first degree; that they “ are not guilty of any crime or offense against the laws of this- state,” and their imprisonment is illegal and unconstitutional.
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Original Application for Habeas Corpus. It is alleged, among other things, in the petition that Genaro Losasso and Gaetano Losasso are held in custody by the jailer of Arapahoe county upon a pretended indictment charging them, with murder in the first degree; that they “ are not guilty of any crime or offense against the laws of this- state,” and their imprisonment is illegal and unconstitutional. It is also averred that, though- considerable time will elapse before trial can be had upon the pretended indictment, the district court refuses to entertain a motion for bail. The present…
1Opinion of the CourtChief Justice Helm
The question now presented for consideration is whether or not one charged with murder of the. first degree, the jiunishment for which offense is death, may be admitted to bail after indictment and prior to trial. The practice in the different courts of the state with reference to this subject is not uniform. The present judges of the second judicial district, where petitioners are held in custody, are of opinion that the indictment is conclusive against the right to bail, and therefore decline to consider any application therefor. On the other hand, the judges in most, if not all, of the…
2Cases cited10 opinions
- Ex parte McAnallySupreme Court of Alabama · 1875
- People v. Tinder & SmithCalifornia Supreme Court · 1862
- Street v. StateMississippi Supreme Court · 1870
- Ex parte HammockSupreme Court of Alabama · 1885
- Ex parte KendallIndiana Supreme Court · 1885
5 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- State v. TeeterNevada Supreme Court · 1948
- People v. JonesSupreme Court of Colorado · 1971
- People v. SpinuzziSupreme Court of Colorado · 1962
- People Ex Rel. Dunbar v. District CourtSupreme Court of Colorado · 1972
- Leonard v. PeopleSupreme Court of Colorado · 1962
25 more not listed; retrieve them via the Exa API.