Rigdon v. State

Citations

• 41 Fla. 308

Syllabus

<p>1. In an application for bail under an indictment for a capital offence, it devolves upon the accused to take the initiative and show from the testimony in the case, including that of the State, that the proof is not evident nor the presumption great.</p> <p>2. When names of witnesses are placed upon an. indictment the presumption is that all of the witnesses for the State are there given, and the applicant for bail need produce no other witnesses on behalf of the State. In case no witnesses are placed upon the indictment, and the State Attorney furnishes to the accused a list of the witnesses relied on by the State in due time to secure their presence, he should produce their testimony as that of the State! and as to all the testimony produced as that of the State, the right of cross-examination exists in favor of the accused, and he is not to be prejudiced thereby on the trial before the jury.</p>