STATE OF FLORIDA EX REL. CECIL H. CONNOR
v.
JIMMY SULLIVAN, AS SHERIFF OF DADE COUNTY, FLORIDA
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court held that the evidence did not conclusively establish guilt for a capital offense, entitling the petitioner to bail.
Cecil H. Connor was indicted for first-degree murder and denied bail in a habeas corpus proceeding. He appealed the denial of bail.…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Bail cases and more on FLexlaw
' The appellant Cecil H. Connor, was indicted by a grand jury of Dade County, Florida, for the crime of murder in the first degree. In a habeas corpus proceeding he applied to the Circuit Court of Dade County for an order releasing him from custody on bail', but he was remanded to custody without bail ánd from this order an appeal has been perfected here.
Counsel for appellant contended that the evidence relied upon by the State fails to establish all the elements that are essential in law to constitute the crime of murder' in the first degree. Likewise, the evidence relied upon by the State, ■when considered- as a whole, shows only a probable guilt of murder in the first degree and therefore it cannot be said that the proof is evident or the presumption great that the petitioner is guilty of a capital offense.
• Oral argument has been heard at the bar of this court and a careful study or analysis has been made of all the evidence and it is our conclusion that the petitioner is entitled to an order discharging him from custody upon giving bond in such an amount as shall be reasonable and just as shall be determined in thé court below. See Section 9 of the Declaration of Rights of the Constitution of Florida; Ex parte Nathan *845(Fla.) 50 So. 38; Ex parte Tully, 70 Fla. 1, 66 So. 296; Russell v. State, 71 Fla. 236, 71 So. 27.
Reversed.
THOMAS, C. J., TERRELL and HOBSON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
State of Fla. ex rel. Philip van Eeghen v. Williams, 87 So. 2d 45 (Fla. 1956)…at which is required to establish guilt merely to the exclusion of a reasonable doubt. See State ex rel. Freeman v. Kelly, Fla. 1956, 86 So. 2d 166; State ex rel. Hernandez v. Culbreath, 152 Fla. 356, 11 So. 2d 569; State ex rel. Connor v. Sullivan, 160 Fla. 844, 36 So. 2d 828. We pretermit any discussion of the details of the evidence in the case before us for the reason that we do not desire tO' indicate in any fashion this Court’s opinion on the weight or the sufficiency of the evidence at a subsequent…
-
Columbus Fletcher Primm v. State, 293 So. 2d 725 (Fla. 2d DCA 1974)…hat which is required to establish guilt merely to the exclusion of a reasonable doubt. See State ex rel. Freeman v. Kelly, Fla.1956, 86 So. 2d 166; State ex rel. Hernandez v. Culbreath, 152 Fla. 356, 11 So. 2d 569; State ex rel. Connor v. Sullivan, 160 Fla. 844, 36 So. 2d 828.” In James v. State, Fla. 1970, 241 So. 2d 383, the defendant James was indicted for first degree murder. At a subsequent preliminary hearing an eye-witness testified to the homicide. Thereafter, the eye-witness died and James petiti…
-
State v. Perry, 605 So. 2d 94 (Fla. 3d DCA 1992)…hat which is required to establish guilt merely to the exclusion of a reasonable doubt. See State ex rel. Freeman v. Kelly, Fla.1956, 86 So. 2d 166; State ex rel. Hernandez v. Culbreath, 152 Fla. 356, 11 So. 2d 569; State ex rel. Connor v. Sullivan, 160 Fla. 844, 36 So. 2d 828.” 87 So. 2d at 46. (emphasis added). The Court then applied this standard to the case before it as follows: “We pretermit any discussion of the details of the evidence in the case before us for the reason that we do not desire to i…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Russell v. State, 71 Fla. 236 (Fla. 1916)
- Ex parte Tully, 70 Fla. 1 (Fla. 1914)