SMIDDY v. BARLOW


288 S.W.2d 346 (1956)

L. C. SMIDDY, Appellant, v. Jay BARLOW, Jailer of Harlan County, Appellee.

Court of Appeals of Kentucky.

March 16, 1956.


Attorney(s) appearing for the Case

Hiram M. Brock, Sr., Hiram M. Brock, Jr., James C. Brock, Harlan, for appellant.

Jo M. Ferguson, Atty. Gen., John B. Browning, Asst. Atty. Gen., Daniel Boone Smith, Commonwealth's Atty., Cawood Smith, County Atty., Bert O. Howard, Harlan, for appellee.


STANLEY, Commissioner.

The appellant, L. C. Smiddy, waived an examining trial on the charge of murder and was committed to jail without bail being allowed. His habeas corpus petition to be released upon reasonable bond pending action of the grand jury was denied by the Judge of the Harlan Circuit Court and Smiddy appeals.

A person accused of crime for which he might suffer the death penalty has the right to remain at liberty upon reasonable bail pending trial...

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