Ex Parte Starrett

Court of Criminal Appeals of Oklahoma

Ex Parte Starrett

1925 OK CR 541, 240 P. 748, 32 Okla. Crim. 246, 1925 Okla. Crim. App. LEXIS 516

CourtCourt of Criminal Appeals of Oklahoma

DecidedNovember 10, 1925

DocketNo. A-5876.

StatusPublished

This text of 1925 OK CR 541 (Ex Parte Starrett) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Oklahoma primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ex Parte Starrett, 1925 OK CR 541, 240 P. 748, 32 Okla. Crim. 246, 1925 Okla. Crim. App. LEXIS 516 (Okla. Ct. App. 1925).

Pincite

Opinion

PER CURIAM.

Upon the hearing of this petition it *247 conclusively appears that the petitioner by the use of firearms killed two persons in the town of Marietta, in Love county, on July 14, 1925. For these homicides the petitioner stands charged with murder in the district court of Love county, and bail has been denied him by that court.

Upon an application for bail after commitment, upon a charge of murder, on the ground that the proof of guilt is not evident nor the presumption thereof great, if upon a consideration of all the evidence offered the court is of the opinion that it is insufficient to create a reasonable doubt of the petitioner’s guilt, bail will be refused.

The rule generally approved by appellate courts is that, in denying an application for bail, neither the facts nor the law in the case should be discussed by the court lest it prejudice the rights of the defendant on his final trial; and we shall adhere to that rule in this case.

The application is denied.

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PER CURIAM.

Upon the hearing of this petition it *247 conclusively appears that the petitioner by the use of firearms killed two persons in the town of Marietta, in Love county, on July 14, 1925. For these homicides the petitioner stands charged with murder in the district court of Love county, and bail has been denied him by that court.

Upon an application for bail after commitment, upon a charge of murder, on the ground that the proof of guilt is not evident nor the presumption thereof great, if upon a consideration of all the evidence offered the court is of the opinion that it is insufficient to create a reasonable doubt of the petitioner’s guilt, bail will be refused.

The rule generally approved by appellate courts is that, in denying an application for bail, neither the facts nor the law in the case should be discussed by the court lest it prejudice the rights of the defendant on his final trial; and we shall adhere to that rule in this case.

The application is denied.

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Bluebook (online)

1925 OK CR 541, 240 P. 748, 32 Okla. Crim. 246, 1925 Okla. Crim. App. LEXIS 516, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ex-parte-starrett-oklacrimapp-1925.