Opinion
No. A-10912.
October 8, 1947.
(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.
Roy Walker filed in this court a petition for writ of habeas corpus, alleging that he was unlawfully imprisoned and restrained of his liberty in the county jail of Coal county by Thea Bonner, sheriff of said county.
He alleges that he had been arrested by the sheriff of Coal county and that on February 8, 1947, the Hon. W. B. Thornsbrough, county judge of said county, sitting as an examining magistrate, and after a preliminary examination, held said petitioner to answer to the district court of said county, without bail, upon a charge of rape in the first degree.
It was further alleged that petitioner had not been given a speedy trial as required by the Constitution and statutes of this state (Okla. Const. art. II, § 20; Tit. 22 O. S. 1941 § 812). This part of the petition was withdrawn at the hearing on the order to show cause; and on July 23, 1947, after a hearing, this court entered an order directing that petitioner be granted bail, pending his trial in the district court of Coal county. His bail was set at $1,500, said bond to be approved by the court clerk of Coal county, and when so approved, petitioner was to be released.
It is so ordered.