CCRP 331 - Capital offenses
Art. 331. Capital offenses
A. A person charged with the commission of a capital offense shall not be admitted to bail if the proof is evident and the presumption great that he is guilty of the capital offense.
B. When a person charged with the commission of a capital offense makes an application for admission to bail, the judge shall hold a hearing contradictorily with the state.
C. The burden of proof:
(1) Prior to indictment is on the state to show that the proof is evident and the presumption great that the defendant is guilty of the capital offense.
(2) After indictment is on the defendant to show that the proof is not evident or the presumption is not great that he is guilty of the capital offense.
Acts 1993, No. 834, §1, eff. June 22, 1993.