Spector
Spector v. United States
Opinion
Opinion
Denman, J.
This is an appeal by appellants, Frank Efroim Spector, Frank Carlson, and Ben Dobbs, indicted, jailed and waiting trial, from an order denying a motion for reduction of bail fixed in the amount of $50,000 for each movant. The denial of their motion in the instant case succeeded our reversal in the case of Stack, v. United States, 9 Cir., 193 F.2d 875 , of a similar order of Judge Mathes, denying a reduction of $50,000 bail for each of the eleven appellants. In the Stack case we ordered the release of seven of the appellants on giving bail in the amount of $10,000 each and of four appellants on the giving of bail in the amount of $5,000 each.
Our reversal of the Stack case order came after the Supreme Court in Stack v. Boyle, 342 U.S. 1 , 72 S.Ct. 1 , had decided that, on the evidence in that case, the $50,000 bail fixed for all the defendants was excessive. That Court remanded the case to the district court, stating that the .jailed persons had the right to make their individual motions for a reduction in the amount of bail and the right to appeal to this court from the orders entered.
We thought this Supreme Court decision sufficiently disclosed the error of the judge’s…