Ex parte Duncan
California Supreme Court
Petitioner having been held to bail by the Municipal Criminal Court of San Francisco in the sum of one hundred and twelve thousand dollars on ten indictments for felonies—being for forgery, grand larceny, and embezzlement, the sums alleged to have been stolen, etc., aggregating one hundred and twelve thousand dollars—prayed this Court that the amount of bail be reduced to fifty thousand dollars.
1Opinion of the Court
By the Court:
As observed at the argument, we must assume in this proceeding that the petitioner is guilty of the ten distinct felonies of which he is indicted. We must assume his guilt,, though when he shall be tried it may be made to appear that he is wholly innocent of all the charges.
We said in Ex parte Ryan, 44 Cal. 558, that “except for the purpose of a fair and impartial trial before a petit jury, the presumption of guilt arises against the prisoner upon the finding of an indictment against him,” and this must be taken to be the settled rule.
Assuming, then, that the prisoner is guilty…
2Cases cited1 opinion
- Ex parte RyanCalifornia Supreme Court · 1872
3Cited by24 opinions
- In Re YorkCalifornia Supreme Court · 1995
- In re HumphreyCalifornia Supreme Court · 2021
- People v. NormanCalifornia Court of Appeal · 1967
- Ex parte DuncanCalifornia Supreme Court · 1879
- Ex Parte RuefCalifornia Court of Appeal · 1908
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