Ex Parte Pinkerton

This is an original proceeding in habeas corpus to be let to bail. Petitioner, a white man, is charged with murder in Muskogee county in the killing of Alonzo Ashley, a negro. He alleges the proof is not evident nor the presumption great, and that he is entitled to bail on the evidence of the state. He had a preliminary hearing before a magistrate in which the state introduced ample proof of probable cause. Petitioner did not take the stand and offered no testimony. As a trial has not been had, we deem it unnecessary to make a recital of, or comment on, the state’s testimony.

Article 2, § 8,…