Ex parte Smallman

Wallace, C. J.:

The prisoners, having been convicted of the crime of grand larceny, and having taken an appeal to the Supreme Court from *36the judgment of conviction, and from an order of the Municipal Criminal Court denying their motion for a new trial, make their application to be admitted to bail pending their appeal.

1. It is settled here that a person convicted of a felony of this grade is to be admitted to bail, or bail refused, as a matter of discretion merely. (Ex parte Voll, 41 Cal. 30.) This is the admitted doctrine of that case, and if it is to be overruled it should be overruled by…