Hullett v. State ( 1923 )

FOSTER, J.

Petition was filed by Perry Hullett and Elmer Murphree before Hon. O. A. Steele, judge of the circuit court for Blount county, for the writ of habeas corpus, on a charge of first degree murder, pending on affidavit and warrant, before indictment. The petition was denied, and petitioners appeal. We have carefully read the- evidence, and hold that the petitioners were not entitled to their discharge; but it clearly appeal's from the evidence that they were entitled to bail. The petition is granted, the judgment of the lower court is-reversed, and the cause.remanded, with directions that the petitioners be admitted to bail in such reasonable amount as the circuit judge. may determine.