
    (97 South. 924)
    (6 Div. 302.)
    Perry HULLETT and Elmer Murphree v. STATE.
    (Court of Appeals of Alabama.
    June 26, 1923.)
    Appeal from Circuit Court, Blount County; O. A. .Steele, judge. Petition of Perry Hullett and Elmer Murphree for habeas corpus. From a judgment denying the writ, petitioners appeal. Reversed and remanded, with directions. Russell & Johnson, of Oneonta, for appellants. All persons shall, before conviction, bo bailable as a matter of right, except for capital offenses, when the proof is evident or the presumption is great. Const. 1901, § 16; Franks v. State, 11 Ala. App. 70, 65 South. 857; Ex parte Croom, 19 Ala. 561; Ex parte Bonner, Í0O Ala. 114, 14 South. 648. It is only necessary that the defendant offer enough testimony to generate a reasonable doubt of his guilt in order to receive his discharge. Miller v. State, 107 Ala. 40, 19 South. 37; Keith v. State, 97 Ala. 32, 11 South. 914. Harwell G. Davis, Atty. Gen. for the State. No brief reached the Reporter. ' .
   FOSTER, J.

Petition was filed by Perry Hullett and Elmer Murphree before Hon. O. A. Steele, judge of the circuit court for Blount county, for the writ of habeas corpus, on a charge of first degree murder, pending on affidavit and warrant, before indictment. The petition was denied, and petitioners appeal. We have carefully read the- evidence, and hold that the petitioners were not entitled to their discharge; but it clearly appeal's from the evidence that they were entitled to bail. The petition is granted, the judgment of the lower court is-reversed, and the cause.remanded, with directions that the petitioners be admitted to bail in such reasonable amount as the circuit judge. may determine.  