Stalnaker v. State., 171 So. 226 (Fla. 1936). · Go Syfert
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Stalnaker v. State., 171 So. 226 (Fla. 1936). Cases Citing This Book View Copy Cite
24 citation events across 3 distinct courts.
Strongest positive: State v. Flowers (del, 1974-12-02)
Treatment trajectory · 1939 → 2026 · click a year to view as-of
1939 1982 2026
Top citers, strongest first. 3 distinct citers. How cited ↗
cited Cited as authority (rule) State v. Flowers
Del. · 1974 · confidence medium
Stalnaker v. State, 126 Fla. 407 , 171 So. 226, 227 (1936); Ex Parte Halsey, 124 Ohio St. 318 , 178 N.E. 271, 272 (1931). 3 Amer. & Eng.Ency.Law 675 (2d Ed.).
discussed Cited "see" Greene v. State (2×)
Fla. · 1970 · signal: see · confidence high
See Younghans v. State, 90 So.2d 308 (Fla. 1956) and Stalnaker v. State, 126 Fla. 407 , 171 So. 226 (1936). [3] Younghans v. State, 90 So.2d 308 (Fla. 1956). [4] Floyd v. State, 79 So.2d 778 (Fla. 1955). [5] See cases listed in Annots., 19 A.L.R. 807 (1922), 77 A.L.R. 1235 (1932), and 45 A.L.R. 458 (1926). [6] See, e.g., Bowman v. United States, 85 S.Ct. 232 , 13 L.Ed.2d 171 (1964); Sellers v. Georgia, 374 F.2d 84 (5th Cir.1967); United States ex rel.
discussed Cited "see" Cash v. State (2×)
Fla. · 1954 · signal: see · confidence high
See Stalnaker v. State, 126 Fla. 407 , 171 So. 226 ; State ex rel.
Retrieving the full opinion text from the archive…
Wilson Stalnaker, J. T. Hammock, Sr., and Nathan Prayther,
v.
State
Supreme Court of Florida.
Dec 3, 1936.
171 So. 226
C.A. Avriett and D.M. Martin, for Plaintiffs in Error. No appearance for the State.
Whitfield, Terrell, Brown, Buford, Davis.
Cited by 12 opinions  |  Published

Order.

Per Curiam.

J. T. Hammock, Sr., was tried with Wilson Stalnaker and Nathan Prayther for the murder of W. C. Harris in Hamilton County. Hammock was convicted of murder in the first degree with recommendation to mercy. He has taken writ of error to the judgment of conviction and moves for bail pending the disposition of his case in this Court.

Section 9 of the Bill of Rights provides that all persons shall be bailable by sufficient sureties, except for capital offenses when the proof is evident or the presumption great.

This provision of the Constitution has reference to bail sought prior to indictment and trial. After trial and conviction the matter of granting bail, as does a supersedeas, rests in the discretion of the trial court to be determined by the evidence and the facts in the case. Ex parte McDaniel, 86 Fla. 145, 97 So. 317.

The bill of exceptions has been examined and while we here express no opinion as to the probative force of the evidence, we are confident that the circumstances warrant favorable consideration of the application for bail which is hereby granted conditioned on the posting of bond in the sum of $5,000.00 to be approved by the Sheriff of Hamilton County.

[*409] It is ordered.

Whitfield, C. J., and Terrell, Brown, Buford and Davis, J. J., concur.