Gainey v. State
| Decision Date | 11 July 1900 |
| Parties | GAINEY v. STATE. |
| Court | Florida Supreme Court |
Error to circuit court, Baker county; Rhydon M. Call, Judge.
Application by Isaac Gainey for a writ of habeas corpus. Writ denied, and petitioner brings error. Reversed.
Syllabus by the Court
Section 9 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.
COUNSEL Ge. U. Walker, L. E. Wade, and B. D. Hiers, for plaintiff in error.
William B. Lamar, Atty. Gen., for the State.
The plaintiff in error, being in custody under an indictment found by the grand jury of Baker county, charging him with murder in the first degree, sued out a writ of habeas corpus from the circuit court for the purpose of testing his right to bail. After hearing the evidence for the state and for the defense, the circuit judge entered the following judgment 'Be it remembered that on this 11th day of May, A. D 1900, in obedience to the writ of habeas corpus heretofore allowed by me as judge of said circuit court in this behalf U. C. Herndon, sheriff, to whom said writ was directed appeared before me at the court house in Jacksonville, Duval county, Florida, having with him the body of the said Isaac Gainey, together with the said writ and his return as such sheriff thereon; and thereupon the allegations and proofs of said Isaac Gainey, defendant, and the said state of Florida plaintiff, in said above-mentioned cause, wherein said Isaac Gainey is indicted for murder, having been heard and fully understood; and it appearing that said Isaac Gainey, at the time of the issuance of said writ, was lawfully detained by said U. C. Herndon as sheriff of said county of Baker by process in due form issued under said indictment in said circuit court, charging said Isaac Gainey with the murder of one Jeff Knabb; and it further appearing that said defendant is not entitled to bail, and ought not to be discharged, but ought to be remanded to the custody of said sheriff and to the jail of said county of Baker, for the reason...
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Ford v. Dilley
...v. Pray, 126 Iowa, 253, 99 N. W. 1065. (d) It has been held bail should be allowed where only a “probability of guilt is shown” (Gainey v. State, 42 Fla. 607, 29 South. 405; Ex parte Nathan [[Fla.] 50 South. 40), and where “the evidence does not produce entire conviction, though it makes......
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Ford v. Dilley
... ... State. The Constitution gives right to bail, unless ... the evidence of guilt be of a certain degree. And if entitled ... to bail, detention without bail ... d. It ... has been held bail should be allowed where only a ... "probability of guilt is shown"-- Gainey v ... State , (Fla.) 42 Fla. 607, 29 So. 405; Ex parte ... Nathan , (Fla.) 50 So. 38, 40--and "when the ... evidence does not produce entire ... ...
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Deeb v. Gandy
...refrain from here entering into a discussion of the evidence to show our reasons for arriving at the conclusion reached. In Gainey v. State, 42 Fla. 607, 29 So. 405, in which this court had before it an application for bail in the case wherein the petitioner was charged with murder in the f......
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Russell v. State
... ... offered was treated pro forma as 'evident,' and the ... presumption thereby arising 'great.' 3 R. C. L. p ... 14. But under our Constitution and the decisions of this ... court the indictment is not regarded as conclusive. Rigdon v ... State, supra; Gainey v. State, 42 Fla. 607, 29 So ... 405. In which latter case the court held that: ... 'Where ... the proofs in such a case go no further than to establish a ... probability of guilt, they are not sufficient either to ... sustain a verdict of conviction or to call for a denial of ... ...