Ex parte Spears

Ex parte Spears
1947 OK CR 112
185 P.2d 480
85 Okl.Cr. 102
Decided: 10/08/1947
Oklahoma Court of Criminal Appeals

(Syllabus.)

1. Bail-Right to Bail in Capital Case. The right to bail in a capital case is absolute uniess the proof is evident or the presumption great that the defendant is guilty as charged and that in case of conviction he would probably receive life sentence or death.

2. Habeas Corpus-Evidence Justifying Admitting Applicant to Bail. Upon application for bail by writ of habeas corpus, after commitment for a capital offense by an examining magistrate, evidence produced in connection with application for bail justified admitting applicants to bail.

Original habeas corpus proceeding by Grace Spears and Lorice Cox to be admitted to bail on charge of firstdegree rape. Bail granted.

H. M. Shirley, of Coalgate, for petitioners.

Mae Q. Williamson, Atty. Gen., Sam H. Lattimore, Asst. Atty. Gen., and Lavern Fishel, Co. Atty., of Coalgate, for respondent.

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