Legal Opinion

People v. Penniman

California Supreme Court

Decided July 1, 1869PublishedCited by 11 opinions

Appeal from the District Court, Fifteenth Judicial District, Contra Costa County. This was an action upon a bail bond against the sureties. One Bailey had been indicted by the Grand Jury of Contra Costa County for the crime of perjury. A bench warrant was immediately issued upon the indictment and placed in the hands of the Sheriff.

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Appeal from the District Court, Fifteenth Judicial District, Contra Costa County. This was an action upon a bail bond against the sureties. One Bailey had been indicted by the Grand Jury of Contra Costa County for the crime of perjury. A bench warrant was immediately issued upon the indictment and placed in the hands of the Sheriff. The County Court, at the time the bench warrant was directed to issue, ordered that the defendant be admitted to bail in the sum of one thousand dollars. Bailey, upon being arrested by the Sheriff, procured immediately defendant and one Taylor to sign the bail…

1Opinion of the Court

By the Court, Sprague, J.:

A party arrested upon a bench warrant issued upon an indictment for a bailable offense, which warrant contains an order that the accused be admitted to bail, with the amount of such bail as fixed by the Court from which the warrant issued indorsed thereon by the Clerk of such Court, is entitled to his release from custody upon the execution of a written recognizance, in proper form, in the prescribed sum, by two sureties, and their justification as to qualifications before any magistrate, as prescribed by sections five hundred and seventeen, five hundred and…

2Cases cited2 opinions

  1. People v. ShirleyCalifornia Supreme Court · 1861
  2. People v. WolfCalifornia Supreme Court · 1860

3Cited by11 opinions

  1. City & County of San Francisco v. HartnettCalifornia Court of Appeal · 1905
  2. State Ex Rel. Buckley v. DrakeSupreme Court of Oklahoma · 1914
  3. State v. BiesmanMontana Supreme Court · 1892
  4. United States v. EldredgeUtah Supreme Court · 1887
  5. Shriver v. StateSupreme Court of Oklahoma · 1912

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