Persons charged with capital offense.
(a) A defendant cannot be admitted to bail when he is charged with an offense which may be punished by death if the court is of the opinion, on the evidence adduced, that he is guilty of the offense in the degree punishable capitally, nor when he is charged with a personal injury to another which is likely to produce death and which was committed under circumstances such as would, if death arises from such injury, constitute an offense which may be punished by death.
(b) In cases punishable capitally, the defendant is entitled to bail as a matter of right when the state, after the finding of the indictment, has continued the case twice, without his consent, for the testimony of absent witnesses.
In such case, if the indictment is dismissed, the defendant, on application for bail, is entitled to the benefit of any continuance had upon such indictment by the state for absent witnesses; and, if another indictment is not found at the same court at which the former is dismissed, the order of dismissal is to be taken as a continuance by the state for absent witnesses.
(Code 1852, §§683, 685, 686; Code 1867, §§4234, 4236, 4237; Code 1876, §§4842, 4844, 4845; Code 1886, §§4415, 4417, 4418; Code 1896, §§4357, 4359, 4360; Code 1907, §§6337, 6339, 6340; Code 1923, §§3370, 3372, 3373; Code 1940, T. 15, §§195, 197, 198; Acts 1949, No. 199, p. 230.)