People v. Sullivan

[6]

GRIFFIN, J.

Applicant was convicted by a jury in the Superior Court of San Diego County on a grand jury indictment charging her with conspiracy to commit acts injurious to public morals and in obstructing justice, a felony. The trial judge imposed a prison sentence after denying her application for probation, denied her motion for new trial, and, after hearing had, denied her application for bail and for stay of execution of the judgment pending appeal. In this court she filed this application to admit her to bail and to stay execution of judgment pending appeal.

The basis of her application is that her conviction was secured on uncorroborated testimony of an accomplice, and that the evidence, as a whole, failed to show any unlawful purpose, and that in the opinion of applicant’s counsel the judgment will be reversed on appeal. In support of her application she cites

In re Torres,

80 Cal.App.2d 579, 582 [182 P.2d 573];

In re Adams,

81 Cal. 163, 164 [22 P. 547]; and

Ex parte Hoge,

48 Cal. 3.

This application is somewhat similar to the application of her codefendant (see

In re Fishman,

4 Cr. 847,109 Cal.App.2d 634 [241 P.2d 603], decided March 6, 1952), except applicant here claims no physical impairment justifying bail, as was advanced by Fishman, and as indicated in

In re Pantages,

209 Cal. 535 [291 P. 831].

The trial court’s action in reference to her application for bail does not appear to be unreasonable nor does it indicate that the application was unjustifiably denied. There is no abuse of discretion appearing and there is no showing of any extraordinary circumstances occurring since the ruling of the trial court denying her previous application which would authorize this court to enter a different order. (Rule 32(b), Rules on Appeal;