State v. Gilbert

Bascom Gilbert and Parish Gilbert were indicted by the grand jury of De Kalb county for murder in the first degree. Under a capias issued by the clerk for their arrest the sheriff had arrested them, and they were confined in jail to answer to said charge of murder. Each presented his petition to the judge of probate of De Kalb county praying for the writ of habeas corpus. By agreement the two petitions were heard together. One averment was that the detention was unlawful and they were entitled to bail pending the trial on the charge preferred against them, and the petition prayed that each be…