In Re Martinson

The petitioner was tried and convicted of a misdemeanor as provided for in section 21 of the Juvenile Court Law (see Deering’s General Laws, Act No. 3966, page 1568), and was sentenced to pay a fine of $750, and also to be imprisoned in the county jail of the county of Sonoma for the period of six months. From this judgment the petitioner has appealed to this court and applied to the trial court for admission to bail pending the determina tion of such appeal. This application was denied by the trial court, and the petitioner is here asking that he be admitted to bail pending such appeal.

Unless the second subdivision of section 1272 of the Penal Code has been repealed or modified by the amendment made to section 1243 of the Penal Code by the act of the legislature approved May 19, Statutes of 1927, page 1062, it is conceded that the petitioner is entitled to bail. Prior to the approval of the act just referred to section 1243 of the Penal Code read as follows: “An appeal to the Supreme Court from a judgment of conviction stays the execution of the judgment in all capital cases and in all other cases, upon filing with the clerk of the court in which the conviction was had a…