Matter of the Application of Preciado

The petitioner was convicted in the superior court of Madera County, on the thirteenth day of March, 1916, of the crime of embezzling public funds, he being at the time of the alleged commission of said offense tax collector of said county. Upon his conviction by the jury, he was remanded to the custody of the sheriff of Madera County and by that official incarcerated in the county jail of said county, wherein he is now and ever since his conviction has been confined.

He has taken an appeal to the appellate court from the judgment of conviction, and has inaugurated this proceeding for the purpose of obtaining an order admitting him to bail pending the determination of said appeal.

The writ was made returnable before and heard by two of the justices of this court.

The petition alleges that, upon the conviction of the petitioner, and before his commitment, “application was made to the Hon. C. 0. Busick, trial judge, in behalf of your petitioner for bail, pending appeal to be taken, which said motion was denied upon the ground that no adequate showing had been made for admission to bail; that your petitioner, upon the date set for his sentence, to wit, on Saturday, the 18th day of…