The Pacific Reporter Volume 45

The Pacific Reporter Volume 45

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1896 edition. Excerpt: ...Is, in the judgment of his physicians, danger arising from his present condition that his health may be permanently and dangerously affected by further confinement at the present time. Admission to bail after conviction is purely a matter of discretion, and not of right (Pen. Code, 1272), and it has been several times held by the supreme court of this state that such discretion should not be exercised in favor of the liberation of a defendant pending appeal, except in instances where circumstances of an extraordinary character have intervened since conviction, which make such action obviously proper (Ex parte Smallman, 54 Cal. 36; Ex parte Marks, 49 Cal. C81; Ex parte Brown, 68 CaL 183, 8 Pac. 829; Ex parte Smith, 89 Cal. 79, 26 Pac. 638). The discretion given In eases of this kind is vested primarily In the court that tried the cause, or the judge thereof (People v. Perdue, 48 Cal. 552; People v. January, 70 Cal. 34, 11 Pac. 326); and the determination of the latter should not be disturbed or ignored except in an Instance of manifest abuse. Such an instance is not here disclosed. There is nothing in the case showing the intervention of any such extraordinary circumstance as would justify holding that the application was improperly denied by the judge of the trial court. The evidence does not show that there Is such imminence of dangerous results to the life or health of the defendant as to obviously require his removal from the county jail at this time. Should more serious consequences of his confinement hereafter manifest themselves, and such as to render it proper that bail should be allowed, there is nothing to preclude another application for the purpose. Such application should, however, always be made in the first instance, ..."show more

Product details

  • Paperback | 1098 pages
  • 189 x 246 x 55mm | 1,914g
  • United States
  • English
  • black & white illustrations
  • 1236978692
  • 9781236978691