Ex parte Walker

Ex parte Walker
1947 OK CR 115
185 P.2d 704
85 Okl.Cr. 115
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 unless 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 way of habeas corpus, after commitment for a capital offense by an examining magistrate evidence produced in connection with application for bail justified admitting applicant to bail.

Original application by Roy Walker for habeas corpus to compel his release on bail pending first degree rape prosecution. Petitioner ordered released on bail.

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

Mac Q. Williamson, Atty. Gen., Sam H. Lattimore, Asst. Atty. Gen., and Lavern Fishel, County Atty., Coal County, of Coalgate, for respondent.

PER CURIAM. Roy Walker filed in this court a petition for writ of habeas corpus, alleging that he was