People v. Tinder & Smith

Citations

• 19 Cal. 539

Syllabus

<p>Admission to bail in capital cases, where the proof is evident or the presumption great, may be made, under our Constitution, (Art. I, sec. 5) matter of discretion, and may be forbidden by legislation. In all other cases the admission to bail is a right of the accused which no Judge or Court can properly refuse.</p> <p>The Criminal Practice Act, (Secs. 509, 510) so far as it makes the admission to bail matter of discretion in all cases where the punishment is death, unless the proof is evident or the presumption great, conflicts with the Constitution as above.</p> <p>An indictment, under our Criminal Practice Act, is something more than a mere accusation based upon probable cause. It is an accusation based upon legal testimony of a direct and positive character, and is the concurring judgment of at least twelve of the grand jurors that, upon the evidence presented to them, the defendant is guilty,</p> <p>A grand jury ought to find an indictment when all the evidence before them, taken together, is such as in their judgment would, if unexplained or uncontradicted, warrant a conviction by the trial jury ; and if such evidence, unexplained or uncontradicted, would not warrant such conviction, they ought not to find an indictment.</p> <p>An indictment for a capital oifense furnishes of itself a presumption of the guilt of the defendant too great to entitle him to bail as matter of right under the Constitution, or as matter of discretion under the legislation of the State. It creates a presumption of guilt for all purposes except tlie trial before a petit jury.</p> <p>The finding of the grand jury by the indictment cannot be reviewed on the application for bail in capital cases- The statute makes no provision for preserving the testimony taken before the jury, and impliedly prohibits the disclosure of such testimony, except in certain cases specially named.</p> <p>Nor can affidavits or oral testimony as to the guilt or innocence of the accused be received to repel the