Ex Parte Rogers

This is an original application to this court for the writ of mandamus to compel the respondent, Hon. Robert C. Brickell, one of the judges of the Eight judicial circuit, sitting in the circuit court of Morgan county, to allow the petitioner bail pending his appeal to this court under the provisions of the act approved April 22, 1911 (Acts 1911, p. 626). That act provides:

“That in all felony cases where the defendant is sentenced to the penitentiary for a period of five years or less and an appeal is taken, pending such appeal the defendant shall be entitled to bail in such sum as may be…