People Ex Rel. Stamos v. Jones

This original mandamus action arises from a conflict between the Rules of this court governing admission to bail upon appeal in criminal cases and a legislative enactment dealing with the same subject.

Rule 609(b) provides that upon appeal from a judgment sentencing a defendant to imprisonment, “the defendant may be admitted to bail and the sentence * * * stayed by a judge of the trial or reviewing court.” (Ill. Rev. Stat. 1967, chap. 110A, par. 609(b).) Section 121— 6(b) of the Code of Criminal Procedure, as amended by an Act effective September 5, 1967, provides: “If an appeal is taken from…