CHARLES E. LEMONS
v.
STATE

Fla. | 1935-02-15
Ellis, P. J., and Terrell and Buford, J. J., concur., Whitfield, C. J., and Brown, and Davis, J. J., concur in the opinion and judgment.
119 Fla. 475 Florida Supreme Court (1935)
Also reported at: 158 So. 819

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.

Synopsis

The Florida Supreme Court reversed a lower court's denial of bail for a murder suspect, finding that the suspect was entitled to bail under the state constitution. The court set the bail amount and conditions.


Holding

Yes, Charles E. Lemons was entitled to bail under the provisions of the Constitution. The Court fixed the bail at five thousand dollars.


Key Quotes

“The amount of the bail is fixed at five thousand dollars to be given by petitioner with at least two good and sufficient sureties to be approved by the sheriff.”

Establishes the specific bail amount and surety requirements set by the court.

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Facts & Procedural History

Charles E. Lemons was indicted for murder and sought release on bail through habeas corpus proceedings. The Circuit Court denied his application, rema…

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Opinion of the Court
Per Curiam.

Per Curiam.

This case is here upon a writ of error to a judgment of the Circuit Court remanding the plaintiff in error, Charles E. Lemons, to the custody of the Sheriff of Hillsborough County who held Lemons in his custody under a warrant issued upon an indictment charging the said Lemons with the murder of one Jerry Bacalis. Lemons took habeas corpus proceedings to obtain his release on bail. The court denied the petitioner’s application for bail, to which judgment the writ of error was taken.

Oral argument was heard, by counsel for the petitioner in habeas corpus and the Attorney General, after which, and a careful inspection of the record, the Court is advised that the petitioner is entitled to bail under the provisions of the Constitution. The amount of the bail is fixed at five thousand dollars to be given by petitioner with at least two good and sufficient sureties to be approved by the sheriff. The condition of the bond shall be for 'the appearance of the *476petitioner before the Circuit Court to answer the charge of murder of the said Bacalis and not depart the same without leave of the Court.

The order remanding the petitioner Lemons to the custody of the sheriff without bail is reversed.

Ellis, P. J., and Terrell and Buford, J. J., concur.

Whitfield, C. J., and Brown, and Davis, J. J., concur in the opinion and judgment.


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