Public-domain · open source
OpenJurist

31 Ala. App. 584

20 So.2d 55

Berry v. State

Alabama Court of Appeals

Decided December 12, 1944

Alabama Court of Appeals · decided 1944-12-12

Relies on City of Anniston v. Simmons

Good law ✅— No negative treatment on recordhow we know

Decided 1944-12-12

How this case has been cited

Cited by 7 later decisions — most recently May 1983

7 state decisions

4019441950196019701980decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

RICE, Judge.

¶1 ■ This appeal presents the question as to whether or not petitioner (appellant) is entitled to bail.

¶2 We refer to the opinion in the case of Griswold v. State, ante, p. 583, 20 So.2d 54, for a preliminary statement of the rules by which.we are guided.

¶3 We need only here add that we have carefully scrutinized the testimony sent up here in this^ case. And, further, that upon such testimony we have no hesitancy in declaring that no court would allow a verdict to stand fixing appellant’s punishment at death by electrocution — or any other method.

¶4 By analogy, then, it is at once apparent that appellant is entitled to bail in such reasonable amount as he can furnish insuring his appearance at the trial on any indictment that may be returned against him.

¶5 It follows that the order and judgment of the lower court denying the prisoner bail is reversed, and the prisoner is hereby ordered released upon his furnishing bail in a reasonable amount, as above, conditioned and approved as the law requires.

¶6 Reversed and remanded with instructions.

/31/alaapp/584 · .json · Public domain