In re Truskett

Citations

• 84 Kan. 869
• 115 P. 575
• 1911 Kan. LEXIS 431

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Criminal Law — Felony—Stay of Execution — Bail as a Matter of Right. Under the statute relating to stay of execution in criminal cases (Crim. Code, § 287) a defendant convicted of felony is entitled to bail as a matter of right. The stay pending the time allowed for making and filing a bill of exceptions shall be granted by the trial court or judge, who shall fix and approve the bond; or the stay during that period may be granted by this court, or one of its members, who shall fix and approve the bond. In default of bail the defendant shall remain in the custody of the sheriff. When an appeal has been perfected the stay shall be granted on the defendant’s giving bond, which this court or one of its members shall prescribe and approve.</p> <p>2. - Felony — Supreme Court Has Power to Direct Disposition of Defendant Pending Appeal. Under the general grant to this court of power to stay proceedings in the lower court pending an appeal (Gen. Stat. 1909, § 2362) this court has authority to order a defendant convicted of felony to be kept in the custody of the sheriff, in default of bail, pending his appeal.</p>