State v. Cooley

Application has been made to- mie for the allowance of -bail pending an appeal to this court from a judgment of conviction for murder rendered by the circuit court of Boh Homme county and from an order denying new trial. -On July 7, 1923, the trial court denied defendant’s application for -bail pending appeal, but granted a stay of xo days to- permit application to this court therefor.

I am- of the opinion that a judge of the Supreme Court has jurisdiction to grant bail pending appeal notwithstanding the refusal of the trial judge so to do. Such is the evident meaning of the statute. Rev. Code…