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Spero v. State

Supreme Court of Florida, Division A
Sep 13, 1933
149 So. 663 (Fla. 1933)

Opinion

Opinion Filed September 13, 1933.

A writ of error to the Circuit Court for Marion County, W. S. Bullock, Judge.

C. A. Savage and Joseph Wilensky, for Plaintiff in Error;

Cary D. Landis, Attorney General, and Roy Campbell, Assistant, for the State.


In this case the judgment in habeas corpus which denied the plaintiff in error bail on a charge of murder in the first degree predicated on a commitment by a justice of the peace holding petitioner to await the action of the Grand Jury on such charge, must be reversed on the authority of Deeb v. Gandy, Sheriff, 110 Fla. 283, 148 Sou. Rep. 540, this Court being of the opinion that under the evidence shown in this case, the proof was not so evident, nor the presumption so great, that the plaintiff in error was guilty of the capital offense charged, that he should be denied reasonable bail.

The judgment of this Court is that plaintiff in error be admitted to bail and that he be forthwith produced before the Circuit Judge of Marion County, Florida, who is hereby directed to fix and determine such reasonable amount of bail for his release, as may be according to law and the circumstances of the case.

DAVIS, C. J., and WHITFIELD, ELLIS and TERRELL, J. J., concur.


Summaries of

Spero v. State

Supreme Court of Florida, Division A
Sep 13, 1933
149 So. 663 (Fla. 1933)
Case details for

Spero v. State

Case Details

Full title:J. H. SPERO v. STATE

Court:Supreme Court of Florida, Division A

Date published: Sep 13, 1933

Citations

149 So. 663 (Fla. 1933)
149 So. 663

Citing Cases

Spero v. State

— When this case was here before on writ of error taken in habeas corpus proceeding had prior to indictment…