Ex parte Miller

Moore, Associate Justice.

The Constitution guaran*214ties to all prisoners the right to bail upon sufficient sureties, unless for capital offenses, when the proof is evident. The only question, therefore, which we are called upon to determine, or which it is even proper for us to consider in this case in its present attitude, is, Does it evidently appear from the testimony submitted to us that appellant is guilty of murder in the first degree? If not, although he may be guilty as charged in the indictment, we have no discretion, but must admit him -to bail.

And as we are not authorized to analyze…