176 S.W.2d 902 | Ark. | 1944
Appellant, Hubert Parnell, on October 15, 1943, was charged with the crime of murder in the first degree, committed by the fatal shooting of Harry Henderson, town marshal of Bradford, White county, Arkansas. He was committed to jail without bail, (3750, Pope's Digest) by a justice of the peace of White county, there to await the action of the circuit court. *653
On the 16th day of October, by petition to the White circuit court, appellant was granted a writ of habeas corpus and after hearing before the court, at which many witnesses testified on behalf of the petitioner and the state, bail was denied.
Appellant has, by certiorari, brought to this court a transcript of the proceedings in the court below, to the end that the order of the court, refusing bail, might be reviewed here.
Appellant argues that the action of the trial court "in refusing to grant the petitioner bail was arbitrary and was not supported by the proof introduced on said petition," and that the court erred in denying bail.
On application for bail, for a capital offense, such as is presented here, our Constitution, (art. II, 8) provides that the application will be denied "when the proof is evident or the presumption great." In considering the evidence to determine whether the guilt of the accused is "evident or the presumption great," the judge of the court, who hears the testimony and observes the demeanor of the witnesses, while on the stand, is in a much better position to judge of the credit that should be given their statements than this court could possibly be. Unless it should appear to this court from a review of the evidence presented that there has been an abuse of discretion in denying bail, or that the trial court has acted arbitrarily in the matter, we should not disturb the order denying bail.
In the case of Carr v. State,
Guided by the above principle of law, and after a careful review of the testimony presented, we conclude that the judgment or order denying bail should be affirmed, and it is so ordered.