State v. Hutton

The principal question in this case is whether the Superior Court has the authority to allow bail for the defendant, who has been convicted and has served a part of his sentence, pending his appeal. We conclude the question requires an affirmative answer.

Bail before conviction is a right guaranteed by statute in non-capital cases. “All persons arrested for crime shall, before conviction, be bailable by sufficient sureties, except for capital offenses where the proof is evident or the presumption great.” RSA 597:1. This is a common provision in most jurisdictions. Freed and Wald, Bail in the…