In Re Wilkins

This is a petition for a writ of habeas corpus for the purpose of admission to bail. It appears from the petition in this matter that on or about the twenty-eighth day of February, 1924, W. C. Wilkins was convicted of the offense of having made and delivered a certain fictitious cheek with intent to defraud the county of Placer in the state of California. The check in question was as follows;

After conviction, sentence was pronounced of imprisonment in the state prison, state of California, at San Quentin, for such period as might be provided by law. The conviction and sentence were had under the provisions of section 476a of the Penal Code, which section specifies that upon conviction, imprisonment may be imposed in the county jail for not more than one year or in the state prison for not more than fourteen years. Within due time after the imposition of sentence the petitioner took an appeal to this court, which is now pending, and thereupon applied to the trial court for admission to bail pending such appeal. This application was denied. The real question before this court upon this application is whether the order of the superior court denying admission to bail constitutes an…