Ex parte Cook

Citations

• 35 Cal. 107

Syllabus

<p>Issuing Bench Warrant, after Indictment for Felony, against Party on Bail Taken before Indictment.—The petitioner, who had surrendered himself into the custody of the Sheriff on a charge of murder, and had been admitted to bail by the County Judge, was thereafter indicted for murder by the Grand Jury of the proper county; whereupon he was again arrested and held in custody by the Sheriff, under a bench warrant therefor, issued by the County Court: Held, that the Court did not exceed its jurisdiction in issuing the bench warrant, and that the detention of the petitioner under it was lawful.</p> <p>Idem.—The County Court is not fettered in the exercise of its jurisdiction over the person of the defendant, after an indictment has been found against him, by reason of any proceedings previously had in the premises. If bail has been taken, and is deemed sufficient security for the defendant’s appearance, the Court may permit it to stand; if not, the Court may order him into custody either for the purpose of procuring additional bail, or for Ms detention until trial, if deemed by the Court to be a case in which bail ought not to be taken.</p>