Bozovichar v. State

The appellant Bozovichar was indicted in the Vermillion Circuit Court for murder in the second degree. He later filed a motion in said court, in term time, to be admitted to bail, pursuant to Burns’ 1942 Replacement, §9-1035.1 In said motion he asserts that the proof of his guilt of said alleged crime is not *361evident nor the presumption of such guilt strong. Evidence was heard and by the judgment of the court below he was denied the right to bail. He attempts to appeal.

At the outset the State says the issue is not appeal-able, and it cites in support of that assertion Burns’ 1946 Replacement,…