People ex rel. Rothensies v. Searles

No doubt the proper method of obtaining relief from excessive bail in either civil or criminal actions is by a writ *604of habeas corpus. (Jones v. Kelly, 17 Mass. 116; Whiting v. Putnam, Id. 174; Evans v. Foster, 1 N. H. 374; United States v. Brawner, 7 Fed. 86.) The theory is that the defendant (relator herein) is unlawfully imprisoned.

The purpose of requiring the defendant to give bail after.arrest is to secure his presence at the trial. The amount necessary for that purpose is a question of sound discretion and judgment depending upon several primary conditions that may be present in any…