Schirmer v. Commonwealth

CULLEN, Commissioner.

Arthur Schirmer, confined in jail pending retrial under an indictment for murder (after a first trial had resulted in a hung jury), made a motion for bail, which was denied. He then sought release on bail through habeas corpus proceedings. Judgment was entered in those proceedings upholding the denial of bail, and Schirmer has appealed from that judgment.

The question is whether the evidence considered on the motion for bail warranted the conclusion of the judge that “the proof is evident or the presumption great,” which is the ground specified in Section 16 of the…