J. H. SPERO
v.
STATE
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The Florida Supreme Court reversed a lower court's denial of bail for a defendant charged with first-degree murder, finding the evidence insufficient to deny bail. The court directed a circuit judge to set a reasonable bail amount.
No, the proof was not so evident, nor the presumption so great, that the plaintiff in error was guilty of the capital offense charged, and therefore bail should not be denied.
“the judgment in habeas corpus which denied the plaintiff in error bail on a charge of murder in the first degree predicated on a commitment by a justice of the peace holding petitioner to await the action of the Grand Jury on such charge, must be reversed on the authority of Deeb v. Gandy, Sheriff, 110 Fla. 283, 148 Sou. Rep. 540, this Court being of the opinion that under the evidence shown in this case, the proof was not so evident, nor the presumption so great, that the plaintiff in error was guilty of the capital offense charged, that he should be denied reasonable bail.”
Establishes the court's decision to reverse the lower court's denial of bail and the basis for that decision.
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Join FLexlaw to unlock all legal intelligenceThe plaintiff in error was charged with first-degree murder and committed to await the Grand Jury's action. A writ of habeas corpus was sought to obta…
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In this case the judgment in habeas corpus which denied the plaintiff in error bail on a charge of murder in the first degree predicated on a commitment by a justice of the peace holding petitioner to await the action of the Grand Jury on such charge, must be reversed on the authority of Deeb v. Gandy, Sheriff, 110 Fla. 283, 148 Sou. Rep. 540, this Court being of the opinion that under the evidence shown in this case, the proof was not so evident, nor the presumption so great, that the plaintiff in error was guilty of the capital offense charged, that he should be denied reasonable bail.
The judgment of this Court is that plaintiff in error be admitted to bail and that he be forthwith produced before the Circuit Judge of Marion County, Florida, who is hereby directed to fix and determine such reasonable amount of bail for his release, as may be according to law and the circumstances of the case.
Davis,. C. J., and Whitfield, Ellis and Terrell, J. J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Spero v. State, 115 Fla. 771 (Fla. 1934)…Davis, C. J. (concurring in conclusion).—When this case was here before on writ of error taken in habeas corpus proceeding had prior to indictment of Spero (See Spero v. State, 111 Fla. 794, 149 Sou. Rep. 663), we held in effect [*772] that the evidence was not so conclusive against Spero as to warrant denial of bail, as- for a capital crime. I think a preponderance of the evidence in the present case is against first-degree murder but that the evidence…
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Hughes v. The Equitable Life Assurance Soc'y OF the United States, 465 F.2d 743 (5th Cir. 1972)…thority to do so, either specifically conferred upon him by his company or visited upon him by law because of his apparent authority, he may take a note in payment of the first insurance premium. See New York Life Ins. Co. v. McJunkin, 227 Ala. 228, 149 So. 663 (1933); Couch on Insurance 2d § 33:17 (1961). As to the issue of apparent authority, plaintiff testified that the agent told him that he (the agent) had paid the annual premium and wanted a note for it when he delivered the policy. According to pla…
Authorities Cited
- Deeb v. Gandy, 110 Fla. 283 (Fla. 1933)
- Town of Bradley v. Kirkland, 110 Fla. 239 (Fla. 1933)