In Re Morehead

Caution
107 Cal. App. 2d 346·1951 Cal. App. LEXIS 1909·237 P.2d 335
Court of Appeal of CaliforniaNovember 7, 1951Crim. 4734California1,198 words

Opinion

Opinion

Moore, J.

Petitioner was convicted in the municipal court on seven counts of misdemeanor; three counts of indecent exposure (Pen. Code, § 311(1); three of child molestation (Pen. Code, § 647a(l); and one count of lewd and dissolute conduct (Pen. Code, § 647.5). His motions for a new trial were denied. The court thereupon suspended further proceedings and certified the matter to the superior court for proceedings under the Sexual Psychopath Act (Welf. & Inst. Code, § 5501 et seq.). Petitioner having appealed from such misdemeanor convictions, he was permitted to go at large on posting bail in the sum of $500. His appeal is now pending. When he appeared in the superior court, two psychiatrists were appointed to examine him, a hearing was set for October 29 and his bail was increased to $7,500. Having been remanded to the custody of the sheriff, the prisoner upon insti- . tuting this proceeding for a writ of habeas corpus was released on bail in the sum of $1,000 pending a hearing upon the writ. He demands his release from custody on the ground that the superior court had no authority to increase bail as previously fixed by the municipal court, and if such authority does exist, $7,500 bail is…

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