Opinion
November 13, 1951.
Appeal from the Circuit Court for Bay County, E. Clay Lewis, Jr., J.
Davenport Johnston, Mayo Johnston, Isler Welch and Charles S. Isler, Jr., all of Panama City, for appellant.
Richard W. Ervin, Atty. Gen., and William A. O'Bryan, Asst. Atty. Gen., for appellee.
This is an appeal from an order entered in a habeas corpus proceeding denying the petitioner bail under an indictment charging him with murder in the first degree. Bail was denied on the ground that the petitioner had failed to carry the burden of proving that the petitioner's guilt was not evident or the presumption not great.
We have given due consideration to the evidence taken at the hearing and are of the opinion that the petitioner has carried the burden under the principles enunciated in our decisions. See Gainey v. State, 42 Fla. 607, 29 So. 405; Russell v. State, 71 Fla. 236, 71 So. 27; Ex Parte Hatcher, 86 Fla. 330, 98 So. 72; Larkin v. State, Fla., 51 So.2d 185. The judgment appealed from should therefore be reversed with directions that appropriate bail be granted to the petitioner in accordance with law.
It is so ordered.
CHAPMAN, HOBSON and ROBERTS, JJ., concur.