Ex Parte Hatch

This is a petition by Frank L. Hatch, on behalf of Jackson Hatch, for a writ of habeas corpus.

Petitioner invokes the writ for the purpose of procuring an order admitting said Jackson Hatch to bail pending an appeal to this court from a judgment of conviction and a sentence of imprisonment for felony embezzlement made and entered in the superior court of the county of Santa Clara.

Admission to bail pending an appeal from a judgment of conviction and a sentence of imprisonment for a felony is not a matter of right. (Pen. Code, see. 1272.) It is a matter resting in and controlled by a sound legal discretion, which should be exercised in favor of a convicted person only when circumstances of an extraordinary character have intervened. (Ex parte Marks, 49 Cal. 681 ; Ex parte Smallman, 54 Cal. 35 ; Ex parte Brown, 68 Cal. 177 , [ 8 Pac. 829 ]; Ex parte Smith, 89 Cal. 79 , [ 26 Pac. 638 ]; Ex parte Turner, 112 Cal. 627 , [ 45 Pac. 571 ].) The determination of an application to be admitted to bail pending an appeal from a judgment of conviction should, primarily, be left to the judgment of the trial court wherein the conviction was had, and such court’s determination of the matter…