Ex parte Smith

Citations

• 89 Cal. 79
• 26 P. 638
• 1891 Cal. LEXIS 776

Syllabus

<p>Habeas Corpus — Conviction of Felony — Admission to Bail Pending Appeal. — Pending appeal from a conviction for felony, the admission of the defendant to bail is allowed as a matter of discretion, and not as a matter of right, and this discretion ought not to be exercised in favor of the admission to bail, except where circumstances of an extraordinary character have intervened upon which to base its exercise.</p> <p>Id. — Review of Errors. — The supreme court will not, upon application for a writ of habeas corpus to admit to bail a defendant convicted of felony, review or consider alleged errors of law committed by the lower court.</p> <p>Id. — Rule of Trial Court. — The supreme court will not, upon such application, be affected in its action by any rule adopted by the trial court inflexibly refusing to admit to bail defendants convicted of felony, but will pass upon the merits of the petition presented to it.</p>