STATE EX REL. LOPER v. STACK

No. 74-136.

291 So.2d 207 (1974)

STATE ex rel. Edward E. LOPER, Petitioner, v. Edward J. STACK, Sheriff, Broward County, Florida, Respondent.

District Court of Appeal of Florida, Fourth District.

As Corrected May 24, 1974.


Attorney(s) appearing for the Case

Warner S. Olds, Public Defender, and James G. Roth, Asst. Public Defender, Fort Lauderdale, for petitioner.

Robert L. Shevin, Atty. Gen., Tallahassee, and Basil S. Diamond, Asst. Atty. Gen., West Palm Beach, for respondent.


MAGER, Judge.

Petitioner, by way of original application for habeas corpus testing the legality of his detention, seeks relief from the lower court's denial of his application for bail pending trial.

An information was filed charging petitioner with having committed a non-capital offense, i.e., robbery. Petitioner contends that he was entitled to bail as a matter of right and that the burden was on the state to demonstrate that "the proof of guilt is evident...

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