Lee v. State

MERRILL, Justice.

This appeal is from an order of a judge of the Circuit Court of Jefferson County denying appellant bail in a habeas corpus proceeding on August 5, 1958.

The appellant avers in his petition that he is being held in custody “upon charges of dynamiting an inhabited dwelling.” The penalty upon conviction of such a charge is “death or * * * imprisonment in the penitentiary for not less than ten years.” Tit. 14, § 123, Code 1940.

The Bill of Rights, § 16 of the Constitution of Alabama of 1901, provides that “all persons shall, before conviction, be bailable by sufficient sureties,…