Perry HULLETT and Elmer Murphree v. STATE

(97 South. 924) (6 Div. 302.) Perry HULLETT and Elmer Murphree v. STATE. (Court of Appeals of Alabama. June 26, 1923.) Appeal from Circuit Court, Blount County; O. A. .Steele, judge. Petition of Perry Hullett and Elmer Murphree for habeas corpus. From a judgment denying the writ, petitioners appeal. Reversed and remanded, with directions. Russell & Johnson, of Oneonta, for appellants. All persons shall, before conviction, bo bailable as a matter of right, except for capital offenses, when the proof is evident or the presumption is great. Const. 1901, § 16; Franks v. State, 11 Ala. App. 70, 65 South. 857; Ex parte Croom, 19 Ala. 561; Ex parte Bonner, Í0O Ala. 114, 14 South. 648. It is only necessary that the defendant offer enough testimony to generate a reasonable doubt of his guilt in order to receive his discharge. Miller v. State, 107 Ala. 40, 19 South. 37; Keith v. State, 97 Ala. 32, 11 South. 914. Harwell G. Davis, Atty. Gen. for the State. No brief reached the Reporter. ' . [MAJORITY — FOSTER, J.] FOSTER, J. Petition was filed by Perry Hullett and Elmer Murphree before Hon. O. A. Steele, judge of the circuit court for Blount county, for the writ of habeas corpus, on a charge of first degree murder, pending on affidavit and warrant, before indictment. The petition was denied, and petitioners appeal. We have carefully read the- evidence, and hold that the petitioners were not entitled to their discharge; but it clearly appeal's from the evidence that they were entitled to bail. The petition is granted, the judgment of the lower court is-reversed, and the cause.remanded, with directions that the petitioners be admitted to bail in such reasonable amount as the circuit judge. may determine.