Welch v. McDonald

Petitioner was convicted of murder in the second degree, and sentenced to imprisonment in the penitentiary for a period of time not less than 40 years nor more than 90 years. Petitioner appealed from the judgment and applied to the district court for bail pending the disposition of the appeal by this court. Bail was denied, and petitioner applied to this court by habeas corpus proceedings to obtain bail.

We made an order admitting the petitioner to bail. The Attorney General filed a motion for rehearing.

Counsel for petitioner relied upon the provisions of section 105-2532, Comp. 1929, a…