French v. Crist

Petitioner sought admission to bail pending determination *545of Ms appeal by tMs Court. Petitioner requested that bail be set by the district court following his conviction of second degree murder, which was denied. He was thereafter sentenced to a term of 40 years in the State Prison.

The district judge observed that he felt it would be an abuse of the court’s discretion to admit petitioner to bail.

Section 95-1109 (b), R.C.M.1947 provides that after conviction of an offense not punishable by death, an appealing defendant may be admitted to bail as a matter of discretion. The record before us…