Russell v. State

Citations

• 71 Fla. 236
• 71 So. 27

Syllabus

<p>1. Section 3221 of the General Statutes defines two phases of the crime of rape, one where the crime is committed upon a female child of the age of ten years or more, and the other where the crime is committed upon a female child under the age of ten years. In the former case the elements of force and consent are material, while in the latter they are not material.</p> <p>2. Upon an application for a writ of Habeas Corpus to admit a defendant to bail who is under indictment for rape, the court may look to the indictment to determine whether that phase of the crime of rape is charged in which the elements of force and consent are material.</p> <p>3. In an application for bail under an indictment for rape the indictment is not conclusive of the defendant’s guilt, but the burden is upon him to show that the proof is not evident and the presumption is not great; the indictment is merely a strong prima facie showing that the accused is rightfully held in custody and not entitled to bail.</p> <p>4. In an application for bail under an indictment for a capital crime the question for the court to whom the application is made, is not whether the evidence adduced is sufficient to establish guilt beyond a reasonable doubt, but whether the evidence including that of the State which the applicant must produce is sufficient to establish that degree of proof showing evident guilt or great presumption of guilt which is of a higher degree of proof than that which would sustain the verdict of a jury.</p>