76 Mass. 282
Massachusetts Supreme Judicial Court
Decided November 15, 1857
Massachusetts Supreme Judicial Court · decided 1857-11-15
Habeas corpus of one who had been brought before the police court of the City of Boston on a complaint for an assault and battery upon George Walsh, and committed to await his trial in the municipal court, and who had been refused bail on the ground that Walsh’s injuries were so serious as to endanger his life.
Decided 1857-11-15
¶1This party not being held for a capital offence, nor it appearing that he ever will be, it is a case for bail. The fact that there is danger that the act may result in a homicide is to be considered by the court in fixing the amount of bail. But not having, as yet appears, committed an offence which is not bailable, he is entitled to bail.
¶2Prisoner admitted to bail.