Ex parte Ryan

Citations

• 44 Cal. 555

Syllabus

<p>Construction of Statute—Charge and Indictment.—The charge mentioned in section one hundred and forty-six, and the indictment mentioned in section two hundred and six of the Criminal Practice Act, are not the same thing.</p> <p>Authority to Pix Bail.—The Court in which a criminal indictment is pending has the authority to fix the amount of hail to be given by a prisoner, irrespective of any action theretofore taken by the committing magistrate.</p> <p>Duty of Court as to Bail.—The authority and discretion of a Court having jurisdiction of an offense should be exercised in admitting to bail, increasing or reducing bail, etc., whenever substantial justice may be thereby promoted.</p> <p>Presumed Guilt.—If a party be committed for an alleged offense, and an indictment be found against him by a Grand Jury, in a proceeding as to increasing or diminishing his bail, he will be assumed to be guilty.</p> <p>Bail not Excessive.—Where a party was held to answer a charge of attempting to commit murder, and the Grand Jury found an indictment against him for an assault with an attempt to commit murder. Held: that bail fixed by the committing magistrate in the sum of fifteen thousand dollars, is not excessive.</p>