Benton v. State

This is an appeal by the petitioner from an order of the Circuit Judge denying his petition for habeas corpus in an effort to be allowed bail.

Appellant was and is being held in jail upon an indictment charging him with the offense of murder in the first degree. The presumption that obtains, upon his application, as here, for bail is too well understood to require restatement.

It is sufficient that we say that the evidence offered by petitioner to overcome this -presumption, and that offered by the State in rebuttal is in sharp and irreconcilable conflict.

The rule by which the Circuit Judge, to…