Ex parte Smith

— This is an application for the issuance of a writ of habeas corpus for the purpose of ordering that the defendant be admitted to bail pending his appeal.

The petition for the writ sets forth that “ the petitioner was charged, by information in the superior court of Fresno County, of the crime of murder;

“ That thereafter he was convicted of the offense of manslaughter, and sentenced to imprisonment in the state prison for ten years;

“That a motion for a new trial was denied, and the judge of the trial court issued a certificate of probable cause, and an appeal upon the merits of the case is…