Ex parte Fortenberry
Mississippi Supreme Court
Appeal from the decision of Hon. T. B. Graham, Chancellor of the Eighth District of the State of Mississippi, denying bail. Unless the prisoner is guilty of a capital offence of which the proof is evident or the presumption great, he is entitled to bail as a matter of right. Const. Bill of Bights, § 8 ; Wray v. State, 30 Miss. 673. By a capital offence, we understand one punishable with death. Bouvier’s Law Dictionary, title “ Capital crime.”
Read the full summary
Appeal from the decision of Hon. T. B. Graham, Chancellor of the Eighth District of the State of Mississippi, denying bail. Unless the prisoner is guilty of a capital offence of which the proof is evident or the presumption great, he is entitled to bail as a matter of right. Const. Bill of Bights, § 8 ; Wray v. State, 30 Miss. 673. By a capital offence, we understand one punishable with death. Bouvier’s Law Dictionary, title “ Capital crime.” Under Code 1871, § 2630, the crime of murder was punishable with death; hence under that law murder was a capital offence. But under the law of 1875, p.…
1Opinion of the CourtChalmers, J.
This is an appeal from the judgment of a chancellor denying bail to the relator, who is incarcerated on a charge of murder.
Counsel for the relator insist with great earnestness, that, inasmuch as the giving of bail is a constitutional right by the provisions (§ 8 of'art. 1) of the Bill of Rights, “ except for capital offences, when the proof is evident or presumption great; ” and inasmuch as by the statutes of the State it is left discretionary with the jury, upon conviction of the highest grade of crimes known to our laws, to inflict death or imprisonment for life at their pleasure, — there…
2Cited by7 opinions
- Hudson v. McAdoryMississippi Supreme Court · 1972
- Ex Parte DennisMississippi Supreme Court · 1976
- In Re BerryWashington Supreme Court · 1939
- Green v. StateMississippi Supreme Court · 1877
- Ex parte HeathSupreme Court of Missouri · 1910
2 more not listed; retrieve them via the Exa API.