Royalty v. State

ETHRIDGE, Chief Justice.

This habeas corpus case involves the question of whether the Circuit Court for the First Judicial District of Hinds County abused its discretion in requiring a $10,000 bail bond for accused after indictment but before any trial. We hold that it did.

Donald Royalty, appellant, was indicted in March 1970 for the unlawful sale of marijuana. He has not been tried and convicted, and, of course, before conviction the presumption of innocence is fully applicable to appellant. The statutory penalty for the offense of sale of marijuana is imprisonment of not less than five, nor…