Leighton v. Henderson

delivered tbe opinion of tbe Court.

Tbe question for decision in this case is whether or not a trial judge bas authority to permit a convict bail following tbe granting of a writ of habeas corpus, pending an appeal by tbe State.

This ease comes to us on tbe petition of C. Murray Henderson, Warden of tbe State penitentiary, who seeks supersedeas of an order of tbe trial judge sustaining tbe petition for habeas corpus and allowing Leighton bail pending an appeal of tbe said habeas corpus bearing to this Court.

*110As a general rule, admission to bail pending’ a proceeding for review of an order of…