Finch v. State (15 Fla. 633, 1876)

RANDALL, C. J.,

delivered the opinion of the court.

It was intimated, after the close of the argument, 'that wo" should undoubtedly affirm the judgment of the Circuit Court, refusing to let the petitioner to bail for reasons then orally stated. It was also intimated that no" .case hád: been cited by counsel in which the court had, after indictment for murder in the first decree, under a statute like that of Florida in regard to that crime, admitted to bail Counsel for. petitioner has, since then, referred us to several cases in which persons indicted for murder have b.eeti admitted to bail either upon inspection of the testimony taken before the committing..magistrates, or.of the testimony before the grand jury, (whicli, in some' States, is preserved and ¿léd, j of upon testimony taken upon notice to the prosecutor and"the prosecuting" attorney. We have also given attention to'fhe sub,'ject by-consulting such,authorities as."were"at hand, within «the brief time at our -disposal,, and -the conclusion at which we arrive ,is,;that, the petitioner..is .entitled,'upon habeas cqrpus,,where he,is indicted for murder or other capitahoffense,.to produce, such .evidence as may- operate to'convince the cquyt that he. is, guilty, if . at all, of an . offense of-'such' grade-that he is entitled !to be discharged on bail,’or-'that there are such strong- 'doubts ¡¡that, upon..