171 P. 937 | Cal. | 1918
The petitioner, against whom eight indictments were returned August 2, 1916, for the crime of murder, and who is in custody under such of the indictments as have not been dismissed, and one upon which he was tried and acquitted, instituted this proceeding for the purpose of obtaining his admission to bail. He is alleged to have been one of the participants in the bomb outrage in connection with the preparedness parade on July 22, 1916, described in our opinion in the case of People v. Mooney,ante, p. 642, [
Under the constitution all persons accused of crime are entitled to bail, "unless for capital offenses when the proof is evident or the presumption great." (Const., art. I, sec. 6.) The provision has been interpreted in this court to mean that bail should be refused in a capital case when the evidence is such that a verdict of guilty based upon it would be sustained by a court. (Ex parte Troia,
Upon a consideration of the evidence which has been presented against the petitioner, coupled with the fact that a verdict of acquittal has been rendered by a trial jury upon that evidence, and in view of the other circumstances set forth above, we think the application for bail should be granted.
It is ordered that petitioner be admitted to bail upon the indictments still pending against him, in the sum of $7,500 on each indictment, the bond to be approved in each case by the judge of the superior court in whose Department the same is pending.