Ex parte Turner (112 Cal. 627, 1896)

Van Fleet, J.

Application for admission to bail pending appeal.

The petition shows that the prisoner, Turner, has been convicted of forgery in the superior court of the city and county of San Francisco, and sentenced to confinement in the state prison—for what term does not appear; that he has taken an appeal to this court from the judgment, and that a certificate of probable cause has been granted by the judge before whom he was tried, and he is now confined in the county jail of said city and county, pending the determination of such appeal.

The petition also shows that since his conviction, application has been made by him to the trial judge for admission to bail, upon the ground that he is in ill-health, and his life is endangered by his confinement, and that such application was denied.

The present application is now made to me upon the same ground, and has been submitted upon substantially the same evidence and showing as that made before the trial judge. This evidence tends to show that the prisoner was not, at the date of his being taken into custody, a man of robust health, and that during his confinement his health has further declined, and he has lost flesh and strength to some extent, and that there is, in the judgment of his physicians, danger arising from his-present condition that his health may be permanently and dangerously affected by further confinement at the present time.

Admission to bail after conviction is purely a matter