Schmidt v. Simmons

The appellant was indicted hy the grand jury of Cass county, for murder in the first degree, in the killing of one James Oscar Walton, and after procuring a change of venue to the Howard Circuit Court, applied for and obtained the issuance of a writ of habeas corpus, upon which an issue was properly formed and submitted to the judge of the Howard Circuit Court, who found that the appellant should not be admitted to bail.

It is conceded that one under indictment for murder is not entitled to bail when the proof is evident or the presumption is strong. Such is the rule under the constitution,…