(Syllabus by the Court.)
BAIL — Right to Bail in Capital Case. Under section 5770, Wilson's Rev. Ann. St. 1903, the accused in a capital case is entitled to bail on habeas corpus where the evidence shows that the proof of guilt is not evident and the presumption of guilt is not great.
PER CURIAM.
From a careful examination of the evidence offered in support of the petition herein, this court is of the opinion that, under section 5770, Wilson's Rev. Ann. St. 1903, the petitioner is entitled to be admitted to bail in this case; and this court, therefore, fixes the amount of bail herein at the sum of $10,000, to be approved by the clerk of the district court of Nowata county.
It is therefore ordered by this court that a mandate issue to the proper authorities of Nowata county, Okla., admitting petitioner to bail in the sum aforesaid.