EX PARTE IKE SMITH
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The Florida Supreme Court reviewed a lower court's denial of a habeas corpus petition seeking bail reduction. The court found the original bail amount excessive and ordered a reduction, holding that the petitioner was entitled to bail under the Constitution.
No, the circuit court erred in denying the application. The Florida Supreme Court held that Ike Smith was entitled to bail under the Constitution and that a bail of $800 was sufficient.
“He applied to the circuit court by habeas corpus for reduction of his bail which was denied.”
Describes the procedural history and the lower court's action.
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Join FLexlaw to unlock all legal intelligenceIke Smith was arrested for manslaughter and granted bail of $1,500, which he could not afford. He applied to the circuit court for a reduction of bail…
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Ike Smith was taken in custody by the Sheriff of Alachua County on a charge of manslaughter. He was granted bail in the sum of $1,500 which he failed to give. He applied to the circuit court by habeas corpus for reduction of his bail which was denied. This writ of error is to the order of the circuit court refusing the application for reduction of bail.
The record and the briefs have been examined and show the case to be one in which the plaintiff in error is entitled to hail under the Constitution (Declaration of Rights, paragraph 8). Under the facts presented, we think a bail of *522$800 is sufficient. It is accordingly ordered and decreed that the plaintiff in error be released on giving a bond of $800, said bond to be approved by the Sheriff of Alachua County.
It is so ordered.
Terrell, C. J., Whitfield, Brown and Chapman, J. J., concur.
Justices Buford and Ti-iomas not participating as authorized by Section 4687, Compiled General Laws of 1927, and Rule 21-A of the Rules of this Court.
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Sie Dawson v. State, 139 So. 2d 408 (Fla. 1962)…ditated design to effect the death of any human being. Hall v. State, 1915, 70 Fla. 48, 69 So. 692. Premeditation may be inferred from the circumstances just as other inferences of fact may be drawn by the jury. Parker v. State, 1940, 142 Fla. 210, 194 So. 484; Crawford v. State, 1941, 146 Fla. 729, 1 So. 2d 713; Robinson v. State, 1941, 148 Fla. 153, 3 So. 2d 804. In this case we think the circumstances were more than adequate to support an inference of premeditation. According to appellant’s confessio…
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Chambers v. State, 339 So. 2d 204 (Fla. 1976)…s specifically contradicted.” In Dawson v. State, 139 So. 2d 408 (Fla.1962), this Court opined: “Premeditation may be inferred from the circumstances just as other inferences of fact may be drawn by the jury. Parker v. State, 1940, 142 Fla. 210, 194 So. 484; Crawford v. State, 1941, 146 Fla. 729, 1 So. 2d 713; Robinson v. State, 1941, 148 Fla. 153, 3 So. 2d 804. “In this case we think the circumstances were more than adequate to support an inference of premeditation. “According to appellant’s confess…
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Snipes v. State, 154 Fla. 262 (Fla. 1944)…It is well established that the burden of proof necessary [*269] to establish premeditation or an intent to kill required by law, and as alleged in the indictment in the case at bar, rested on the State of Florida. See Parker v. State, 142 Fla. 210, 194 So. 484. These are questions of fact that can or may be established by direct or circumstantial evidence to be considered and determined by the jury from all the evidence adduced, under appropriate instructions on the part of the trial court. See Robinson v…
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