Bennett v. Davis

Townsend, Judge.

1. Code § 27-901 provides as follows: “Capital offenses are bailable only before a judge of the superior court; and this is, in every case, a matter of sound discretion. All other cases are bailable by the committing court. At no time, either before the commitment court, when indicted, after a motion for a new trial is made, or while a bill of exceptions is pending, shall any person charged with a misdemeanor be refused bail.” This is a misdemeanor. Under the above Code section the applicant is entitled to bail while his bill of exceptions is pending in this court. See Allen…