Cornell

This matter is before the court upon the defendant’s application for bail pending appeal, on the ground of imprisonment being an imminent danger and injury to his health.

The record shows that the petitiouer was convicted in the superior court of the county of Sacramento on the sixteenth day of September, 1915, of the crime of forgery, and thereafter sentenced to a term of imprisonment in San Quentin for a period of eight years, from which judgment of conviction the defendant has appealed to this court, which appeal is now pending; that since the sixteenth day of September, 1915, the defendant has been confined in the county jail at Sacramento; that on the sixteenth day of October, 1915, the defendant made application to the trial court in which he was convicted to be admitted to bail pending the determination of his appeal to this court; that said application was denied, and the defendant now makes this application upon substantially the same testimony submitted to the trial court.

To the consideration of this application counsel for the state object on the ground that the court has no jurisdiction to consider the matter from the fact that the proceeding is by way of motion and…