Rogers v. State

Alabama Court of Appeals

Rogers v. State

4 So. 2d 266, 30 Ala. App. 226, 1941 Ala. App. LEXIS 119

CourtAlabama Court of Appeals

DecidedJune 10, 1941

Docket8 Div. 154.

StatusPublished

Cited by8 cases

This text of 4 So. 2d 266 (Rogers v. State) is published on Counsel Stack Legal Research, covering Alabama Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Rogers v. State, 4 So. 2d 266, 30 Ala. App. 226, 1941 Ala. App. LEXIS 119 (Ala. Ct. App. 1941).

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Opinion

SIMPSON, Judge.

Appellant is imprisoned under an indictment charging murder in the first degree. From an order denying his petition for bail this appeal is taken. Under .the rule in such cases he is presumed to be guilty in the highest degree and, to be entitled to bail as of right, must overcome this presumption by proof. State v. Gilbert, 20 Ala.App. 357, 102 So. 155, Deaver v. State, 24 Ala.App. 377, 135 So. 604; State ex rel. v. Lowe, 204 Ala. 288, 85 So. 707.

*227 The case must be tried before a jury so we forego a discussion of the evidence further than to say that with the presumption in favor of the indictment — and of the findings below — we will not disturb the action of the trial judge. The order denying bail is affirmed.

Affirmed.

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SIMPSON, Judge.

Appellant is imprisoned under an indictment charging murder in the first degree. From an order denying his petition for bail this appeal is taken. Under .the rule in such cases he is presumed to be guilty in the highest degree and, to be entitled to bail as of right, must overcome this presumption by proof. State v. Gilbert, 20 Ala.App. 357, 102 So. 155, Deaver v. State, 24 Ala.App. 377, 135 So. 604; State ex rel. v. Lowe, 204 Ala. 288, 85 So. 707.

*227 The case must be tried before a jury so we forego a discussion of the evidence further than to say that with the presumption in favor of the indictment — and of the findings below — we will not disturb the action of the trial judge. The order denying bail is affirmed.

Affirmed.

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Bluebook (online)

4 So. 2d 266, 30 Ala. App. 226, 1941 Ala. App. LEXIS 119, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rogers-v-state-alactapp-1941.

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