Ex parte Gainey v. State

Citations

• 42 Fla. 607

Syllabus

<p>HABEAS CORPUS — BAIL IN HOMICIDE.</p> <p>Section g of the declaration of rights in the Florida constitution of 1885, provides that “all persons shall be bailable by sufficient sureties, except for capital offenses, where the proof is evident or the presumption great.” Where in a proceeding by habeas corpus brought by a party charged with murder in the first degree to test his right to bail, it appears from the evidence that there is only a “probability” of the guilt of the accused, he is entitled to bail.</p>