People v. Eiseman

ST. SURE, J.

Application of defendant and appellant J. J. E'iseman for reduction of bail on

habeas corpus.

Defendant Eiseman and three others were tried and convicted by jury of the crime of felony upon an indictment charging a conspiracy to violate the provisions of the Corporate Securities Act (Stats. 1917, p. 673); in the same indictment the defendants were also' accused in seven counts of the crime of felony for actual completed violations of the act, and defendant Eiseman was also convicted upon each of these counts. Judgment was pronounced against defendant Eiseman and he was sentenced to imprisonment in the state prison at San Quentin upon his conviction on

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each, count, sentences to run consecutively. The act provides that punishment for violation of its provisions shall he by imprisonment in the stale prison not exceeding five years, or in a county jail not exceeding two years, or by a fine not exceeding five thousand dollars, or by both such fine and imprisonment. Defendant Eiseman made immediate application to the trial court for bail pending appeal. Bail was fixed in the sum of forty' thousand dollars and the defendant was soon released upon bail. Later defendant was surrendered by his bail in their exoneration. He was delivered to the sheriff and incarcerated. On September 13, 1924, application was made to Honorable Louis H. Ward, presiding in the department of the superior court where conviction was had, for a reduction of bail, theretofore fixed in the sum of forty thousand dollars, whereupon bail was increased to fifty thousand dollars.

Defendant bases his motion for reduction upon several grounds, briefly stated, that the bail is excessive, that defendant’s physical and mental condition will be endangered and impaired by incarceration pending appeal, that there was abuse of discretion in increasing bail, and that the record shows that very serious federal and other questions are involved in the appeal.

Admission to bail after conviction is a matter of discretion and not of right. (Pen. Code, sec. 1272.) The discretion is vested primarily in the judge who tried the case, and his determination should not be disturbed or ignored except in an instance of manifest abuse.