Spero v. State

Supreme Court of Florida

Spero v. State

149 So. 663, 111 Fla. 794, 1933 Fla. LEXIS 2133

CourtSupreme Court of Florida

DecidedSeptember 13, 1933

StatusPublished

Cited by1 cases

This text of 149 So. 663 (Spero v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Spero v. State, 149 So. 663, 111 Fla. 794, 1933 Fla. LEXIS 2133 (Fla. 1933).

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Opinion

Per Curiam.

In this case the judgment in habeas corpus which denied the plaintiff in error bail on a charge of murder in the first degree predicated on a commitment by a justice of the peace holding petitioner to await the action of the Grand Jury on such charge, must be reversed on the authority of Deeb v. Gandy, Sheriff, 110 Fla. 283, 148 Sou. Rep. 540, this Court being of the opinion that under the evidence shown in this case, the proof was not so evident, nor the presumption so great, that the plaintiff in error was guilty of the capital offense charged, that he should be denied reasonable bail.

The judgment of this Court is that plaintiff in error be admitted to bail and that he be forthwith produced before the Circuit Judge of Marion County, Florida, who is hereby directed to fix and determine such reasonable amount of bail for his release, as may be according to law and the circumstances of the case.

Davis,. C. J., and Whitfield, Ellis and Terrell, J. J., concur.

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Per Curiam.

In this case the judgment in habeas corpus which denied the plaintiff in error bail on a charge of murder in the first degree predicated on a commitment by a justice of the peace holding petitioner to await the action of the Grand Jury on such charge, must be reversed on the authority of Deeb v. Gandy, Sheriff, 110 Fla. 283, 148 Sou. Rep. 540, this Court being of the opinion that under the evidence shown in this case, the proof was not so evident, nor the presumption so great, that the plaintiff in error was guilty of the capital offense charged, that he should be denied reasonable bail.

The judgment of this Court is that plaintiff in error be admitted to bail and that he be forthwith produced before the Circuit Judge of Marion County, Florida, who is hereby directed to fix and determine such reasonable amount of bail for his release, as may be according to law and the circumstances of the case.

Davis,. C. J., and Whitfield, Ellis and Terrell, J. J., concur.

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Bluebook (online)

149 So. 663, 111 Fla. 794, 1933 Fla. LEXIS 2133, Counsel Stack Legal Research, https://law.counselstack.com/opinion/spero-v-state-fla-1933.

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