Ex parte Oliver

Citations

• 127 Miss. 208
• 89 So. 915

Syllabus

<p>1. Habeas Corpus. Court must hear evidence, where accused is not indicted though justice allowed bail.</p> <p>Where a person sues out a writ of habeas corpus to procure his discharge on a detention alleged to be unlawful before his indictment, the habeas corpus court has the power, and it is its duty, to hear the evidence on the question as to whether the relator is probably guilty of a crime, and if the evidence is insufficient to show probable guilt it may and should discharge the prisoner even though a justice of the peace, sitting as a conservator of the peace, has required bail. The habeas corpus court is not bound by the judgment of the justice of the peace. If the defendant is indicted but not tried, the habeas corpus court is limited to allowing reasonable bail.</p> <p>2. Baie. Twenty thousand dollar bond for one accused of bank robbery held excessive.</p> <p>The facts in this case examined, and held to show that the bail required is unreasonable and excessive.</p>