Ex parte Rhear
Supreme Court of Alabama
Application for Mandamus in matter of Habeas Corpus. The petitioner in this case, Orlando M. Rhear, being confined in the jail of Colbert county, under an indictment which charged him with the murder of James Sisk, presented his petition for the writ of habeas corpus to Hon. H. O. Sreake, the presiding judge of the circuit, alleging that he was not guilty of the offense, and asking that he be discharged, or admitted to bail, as might seem right and proper on the facts…
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Application for Mandamus in matter of Habeas Corpus. The petitioner in this case, Orlando M. Rhear, being confined in the jail of Colbert county, under an indictment which charged him with the murder of James Sisk, presented his petition for the writ of habeas corpus to Hon. H. O. Sreake, the presiding judge of the circuit, alleging that he was not guilty of the offense, and asking that he be discharged, or admitted to bail, as might seem right and proper on the facts developed at the hearing. On the hearing under the writ, as appears from a bill of exceptions reserved by the petitioner, “…
1Opinion of the CourtStone, C. J.
In Ex parte Vaughan, 44 Ala. 417, this court said : “ On an application for bail by a prisoner, who is shown to be uuder indictment for murder, he is presumed to be guilty of the charge in the highest degree, and that presumption must be overcome by proof.” In the recent work, Church on Habeas Corpus, § 404, it is said : “The applicant must show that, though held to answer a charge of a capital offense, the proof is not evident. In this, the prisoner must take the initiative. . . . The question [whether he is guilty of murder in the first degree, and therefore not bailable] should be…
2Cases cited1 opinion
- Ex parte VaughanSupreme Court of Alabama · 1870
3Cited by12 opinions
- Ex parte HammockSupreme Court of Alabama · 1885
- In Re ThomasCourt of Criminal Appeals of Oklahoma · 1908
- State Ex Rel. Smith v. LoweSupreme Court of Alabama · 1920
- Ex parte RobinsonSupreme Court of Alabama · 1895
- Ex Parte WatsonCourt of Criminal Appeals of Oklahoma · 1909
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