99 P. 893 | Okla. Crim. App. | 1909
Section 8 of the Bill of Rights of our Constitution is as follows (Bunn's Ed. § 17):
"All persons shall be bailable, by sufficient sureties, except for capital offenses when the proof of guilt is evident, or the presumption thereof is great."
This clause of the Constitution has been construed by the Supreme Court of this state in the case of In re Thomas,
"We believe that, with the burden of proof on the petitioners, if, after hearing the whole evidence introduced on the application for bail, it is insufficient to generate in the mind of the court a reasonable doubt whether the accused committed the act charged, and in doing so they were guilty of a capital offense, bail should be refused."
The rule as to the burden of proof in such cases was followed by this court in Re Watson,
On the second ground relied upon we are of opinion that bail should be granted. Dr. J.D. Scott states in his affidavit that he has examined the defendant, and found him in a greatly weakened condition, with one lung almost consumed by tuberculosis, *43
and that unless he is given plenty of fresh air he will not live many days. Dr. W.D. Atkins states in his affidavit the condition of the defendant about as it is stated by Dr. Scott, and further adds that unless defendant is released from jail, his death will soon occur. James King, the sheriff of Hughes county, confirms the statement of the physician as to the condition of defendant, and adds that "he is losing his health rapidly." D.A. Eoff, the jailer of Hughes county, also files an affidavit as to the bad health of defendant. These affidavits are clear, direct, and well-nigh conclusive. It is generally known throughout the eastern part of the state that the county jails are inadequate for the care of the sick and the afflicted, and this court is authorized to take judicial notice of that fact. As to the power and duty of the courts to grant bail pending final trial upon the ground of sickness of a defendant see In re Thomas,
The county attorney of Hughes county has recommended that the defendant be granted bail in this case in the sum of $10,000, but, in view of the facts presented to us, we do not think this amount sufficient. It is therefore ordered that the defendant be allowed bail in the sum of $15,000, to be approved by the clerk of the district court of Hughes county, with good and sufficient sureties, as the law directs.
BAKER and DOYLE, JUDGES, concur. *44