Ex parte McClellan

• Decision Date: 24 October 1908
• Citation: 97 P. 1019,1 Okla.Crim. 299,1908 OK CR 29
• Parties: Ex parte McCLELLAN.
• Court: United States State Court of Criminal Appeals of Oklahoma. Court of Criminal Appeals of Oklahoma

97 P. 1019

1 Okla.Crim. 299, 1908 OK CR 29

Ex parte McCLELLAN.

Court of Criminal Appeals of Oklahoma

October 24, 1908

Syllabus by the Court.

For the purpose of an application to reduce bail after information filed, the court must assume that defendant is guilty of the offenses charged.

[Ed Note.-For other cases, see Habeas Corpus, Cent. Dig. § 96; Dec. Dig. § 107. ^[*]]

The criminal Court of Appeals will not grant a reduction of bail on habeas corpus, unless it clearly appears that the amount fixed by the trial court is excessive, and clearly disproportionate to the offense involved.

[Ed Note.-For other cases, see Bail, Cent. Dig. § 211; Dec. Dig § 53. ^[*]]

In the matter of the application of E. S. McClellan for a writ of habeas corpus. Writ denied.

"This is an original proceeding in this court for a writ of habeas corpus. The petition was filed, and a writ of habeas corpus was properly issued on said petition the 6th day of October 1908, and made returnable on the 13th day of the same month, service of said writ being acknowledged and accepted by respondent R. M. Connell, sheriff of Choctaw county, Okl. The Petition alleges that said petitioner is unlawfully imprisoned at Hugo, Choctaw county, by R. M. Connell, sheriff of said county; that petitioner has been charged with illegally selling whisky; that his bail is fixed at the excessive and unreasonable amount of $1,000 each in four cases; that he has applied to the Hon. W. T. Glenn, county judge of said county, for writ of habeas corpus that said bail be reduced; and that said application was by said judge denied; that he is a poor man, and unable to make bond in the excessive amount fixed by the county court, and that by reason thereof he is denied his constitutional rights."

It appears from the return that there is an agreed statement of facts, as follows:

Agreed Statement of Facts.

"It is hereby agreed that the personal attendance of the petitioner herein, E. S. McClellan, before the Criminal Court of Appeals on the hearing on petition for writ of habeas corpus, is waived. The personal attendance and appearance of the sheriff of Choctaw county, Okl., R. M. Connell, is also waived. It is agreed that the petitioner herein is held by R. M. Connell, sheriff of Choctaw county, Okl., by virtue of commitments issued to him out of the county court of said county, which commitments are regular on their face, commanding that said sheriff hold the said petitioner in default of bail in the following cases:

"No. 94. Keeping bawdyhouse, bond $1,000.

"No. 182. Unlawfully having in possession intoxicating liquor, bond $500.

"No. 183. Selling intoxicating liquor, bond $500.

"No. 186. Selling intoxicating liquor, bond $500.

"No 206. Selling intoxicating liquor, bond $500.

"No. 264. Assault and battery, bond $50.

"No. 278. Resisting arrest, bond $1,000.

"No. 290. Carrying pistol, bond $250.

"Witness our hands this 10th day of October, 1908.

"R. M. Connell, Sheriff Choctaw County.

"J. M. Willis, Co. Atty., Choctaw County.

F. M. Brook, Attorney for Petitioner."

p>Page F. M. Brook, for petitioner.

Charles West, Atty. Gen., and W. C. Reeves, Asst. Atty. Gen., for respondent.

DOYLE J.

The petitioner, E. S. McClellan, asks the court to admit him to bail upon four informations now pending against him in the county court of Choctaw county, wherein he is charged with illegally selling whisky, on the claim that the bail as fixed by said county court was excessive, and was in contravention of his rights under the Bill of Rights of the state of Oklahoma. The return and agreed statement of facts, which is made a part thereof, show that the petitioner is held on eight commitments, issued on informations filed in said county court, charging various and divers offenses. It further shows that the amount of bail now fixed by said court, where the offense charged is selling intoxicating liquor, is fixed in the amount of $500 in each case. It is evident that the bail so fixed is not excessive, but is very reasonable.

The Bill of Rights in this state provides:

"Sec. 8. All persons shall be bailable by sufficient sureties, except for capital offense, where the proof of guilt is evident or the presumption thereof is great.

"Sec. 9. Excessive bail shall not be required."

Bail is not to be deemed excessive simply because the particular person charged cannot give the bail required, but bail should never be exacted for the purpose of punishing a person charged with crime, for no person is...