STATE UPON THE RELATION OF MARIO HERNANDEZ
v.
HUGH CULBREATH, AS SHERIFF OF HILLSBOROUGH COUNTY, FLORIDA, ET AL.
This cause coming before us on appeal from judgment of remand in habeas corpus proceedings wherein petitioner sought release on bail and the court having considered the record in the light of argument of counsel, for the appellant and for the State, our conclusion is that the proof fails to show that it is evident, or the presumption great that petitioner is guilty of murder in the first degree.
It is, therefore, the judgment of the Court that petitioner be released from custody on good and sufficient appearance bail bond in the sum of $5,000.00 to be approved by the Clerk of the Circuit Court of Hillsborough County.
So ordered nunc pro tunc as of February 2, 1943.
BUFORD, C. J., TERRELL, BROWN, CHAPMAN and ADAMS, JJ., concur.
THOMAS and SEBRING, JJ., dissent.
Cases With Similar Vibessemantic neighbors from the corpus
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State of Fla. ex rel. Philip van Eeghen v. Williams, 87 So. 2d 45 (Fla. 1956)…of guilt is great is actually a greater degree of proof than that 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…
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Columbus Fletcher Primm v. State, 293 So. 2d 725 (Fla. 2d DCA 1974)…of guilt is great, is actually a greater degree of proof than that 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…
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State v. Perry, 605 So. 2d 94 (Fla. 3d DCA 1992)…of guilt is great is actually a greater degree of proof than that 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…
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