Summary
stating that "[t]he right to bail under that section is absolute, the only exception being for capital offenses. There is no discretion in the trial court in such matters."
Summary of this case from State ex rel. Torrez v. WhitakerOpinion
No. 69-725
Decided November 20, 1969.
Criminal law — Right to bail absolute except for capital offense — Not discretionary with trial court.
IN HABEAS CORPUS.
IN MANDAMUS.
This is an action in habeas corpus and mandamus originating in this court. A return has been filed to the petition for a writ of habeas corpus, but no pleadings have been filed by the respondent in the action in mandamus.
Petitioner alleges that he is being held in the Columbus city jail on charges of grand larceny, receiving and concealing stolen property and burglary in the day season; that he appeared before a judge of the Municipal Court for arraignment and the setting of bond; that he requested that the judge set bond; and that the judge refuses to do so although petitioner is willing and able to furnish bond and desires to be released on bond.
Petitioner alleges further that this violates his rights under Section 9, Article I of the Ohio Constitution.
Mr. Otto Beatty, Jr., for petitioner.
Mr. John C. Young, city attorney, Mr. William J. Melvin and Mr. Robert A. Cohen, for respondent, Robert Baus, chief of police.
In this action, petitioner seeks his release by the writ of habeas corpus and an order requiring the Municipal Court judge to set bail in a reasonable amount.
Section 9, Article I of the Ohio Constitution reads as follows:
"All persons shall be bailable by sufficient sureties, except for capital offenses where the proof is evident, or the presumption great. Excessive bail shall not be required; nor excessive fines imposed; nor cruel and unusual punishments inflicted."
The right to bail under that section is absolute, the only exception being for capital offenses. There is no discretion in the trial court in such matters. State v. Bevacqua, 147 Ohio St. 20, 22; 8 Corpus Juris Secundum 7, Bail, Section 35.
The writs are allowed and the judge is ordered to set bail in an amount which is reasonable in relation to the facts and circumstances of these cases.
Writs allowed.
TAFT, C.J., MATTHIAS, O'NEILL, SCHNEIDER, HERBERT, DUNCAN and CORRIGAN, JJ., concur.