State Ex Rel. Holloway v. Joyner

Joseph Rudolph Holloway was indicted for rape by the grand jury of Shelby County. When application for bail was refused, a petition for a writ of habeas corpus was filed in the probate court against the sheriff of Shelby County, charging that the proof of defendant’s guilt was not evident or the presumption great, and praying that he be granted a reasonable bail for his appearance to answer said indictment.

The sheriff demurred to the petition upon the following grounds:

“ (1) The petition for the writ of habeas corpus shows upon its face that as a matter of law the prisoner is not entitled to…