In re Schriber

Citations

• 19 Idaho 531
• 114 P. 29
• 1911 Ida. LEXIS 32

Syllabus

<p>Habeas Corpus — Admission to Bail — Admission to Bail Pending Appeal — When Matter of Bight or of Discretion.</p> <p>(Syllabus by the court.)</p> <p>1. The constitution of this state, see. 6, art. 1, which provides that “All persons shall be bailable by sufficient sureties, except for capital offenses where the proof is evident or the presumption. great,”- has reference only to those cases in which the party has not yet had a trial, and applies to all persons prior to conviction, but does not refer to cases wherein a conviction has been had in a court of competent jurisdiction.</p> <p>2. Where a constitutional provision has been adopted from another state and the court of last resort of such state had construed the provision in that state prior to its adoption in this state, the presumption arises that the framers of the constitution in adopting such provision meant and intended to also adopt the construction that had been placed upon it by the highest court of the state from whieh it was taken.</p> <p>3. Under the provisions of sec. 8104, Rev. Codes, a defendant who has appealed to the supreme court from a judgment imposing a fine only is entitled to bail as a matter of right; but where a defendant appeals from a judgment which imposes a term of imprisonment, admission to bail is a matter of discretion.</p> <p>4. Where a defendant who has been convicted and sentenced to serve a term of imprisonment appeals from such judgment and applies to the trial judge for admission to bail, such application is addressed to the sound legal discretion of such judge or court, and unless it clearly appears that such discretion has been abused, the action of the trial judge or court will not be disturbed or interfered with by the supreme court on application for a writ of habeas corpus.</p>