State Ex Rel. Bailey v. Ellis

HAND, J.'

The relator was indicted, tried and con-' victed of the crime of rape and sentenced to imprisonment for a term in the Oregon penitentiary. After sentence and while in.the custody of the sheriff and confined in the county jail of Malheur county, the relator served and filed a notice of appeal and then made application to the Honorable Charles W. Ellis, circuit judge, to fix bail pending the appeal and to grant him a certificate of probable cause.

The court fixed the amount of the bail bond but refused to issue a certificate of probable cause. The relator thereupon brought these…