People v. Keyes

The defendant was convicted of a criminal charge and has appealed to this court from the judgment rendered against him. Meanwhile he is confined in the county jail, and he now moves that he be admitted to bail pending the determination of his appeal, because of threatened danger to his health by reason of his incarceration.

Respondent contends that we are without jurisdiction to grant the motion for the reason that section 1291 of the Penal Code provides that a “defendant may be admitted to bail upon an appeal” by an order “made by any magistrate having the power to issue a writ of habeas…