EX PARTE: EMORY WILLIAMS AND JOHN WILLIAMS
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The Florida Supreme Court granted a writ of habeas corpus to petitioners Emory Williams and John Williams, ordering them to be admitted to bail. The Court found that the evidence did not conclusively prove their guilt of first-degree murder.
No, the proof is not evident nor the presumption great that the petitioners are guilty of murder in the first degree. Therefore, they are entitled to bail.
“the Court has read the testimony and is of the opinion that the petitioners are entitled to bail because the proof is not evident nor the presumption great that the. petitioners are guilty of the crime of murder in the first degree.”
This quote states the Court's conclusion regarding the evidence and the petitioners' entitlement to bail.
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Join FLexlaw to unlock all legal intelligenceEmory Williams and John Williams were denied a writ of habeas corpus by a Circuit Judge. The case was submitted to the Florida Supreme Court based on …
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On the twenty-first day of November, 1938, the Court issued a writ of habeas corpus on behalf of Emory Williams and John Williams, pursuant to a decision of the Court rendered in the case of Deeb v. Gandy, 110 Fla. 283, 148 South. Rep. 540, the Circuit Judge having denied them the writ.
The cause was submitted on the stipulation of the attorney for the petitioners and the State Attorney for the Fourteenth Judicial Circuit that the original transcript of the evidence produced at the trial and prepared by the official court reporter be considered as the evidence in the hearing upon habeas corpus.
The Court has read the testimony and is of the opinion that the petitioners are entitled to bail because the proof is not evident nor the presumption great that the. petitioners are guilty of the crime of murder in the first degree.
*284It is, therefore, ordered that the cause be referred to the Judges of the Fourteenth Judicial Circuit of Florida in and for Holmes County with directions to fix the amount and conditions of bail to be furnished by the petitioners.
Terrell, C. J., and Whitfield, Brown, Buford and Chapman, J. J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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State ex rel. Edward J. McGrath v. Coleman, 145 Fla. 446 (Fla. 1941)…rand jury is hereby reversed with directions that the Judge of the Circuit Court of Monroe County, by appropriate order, fix the amount and conditions of bail to be furnished by the petitioner Edward J. McGrath. See Ex parte: Emory Williams, et al., 135 Fla. 283, 184 So. 851. It is so ordered. Whitfield, Brown and Thomas, J. J., concur. Chief Justice Terrell and Justices Buford and Adams not participating as authorized by Section 4687, Compiled General Laws of 1927, and Rule 21-A of the Rules of this Cou…
Authorities Cited
- Deeb v. Gandy, 110 Fla. 283 (Fla. 1933)
- Town of Bradley v. Kirkland, 110 Fla. 239 (Fla. 1933)