In Re Eiseman

Habeas corpus.Petitioner seeks to be released from the custody of the sheriff of the city and county of San Francisco upon the ground that he was illegally recommitted after having been released on bail pending an appeal from a judgment of conviction.

The minute order upon which the recommitment is founded is in the following form: “In this matter it satisfactorily appearing to the court, that the bail of the defendant, J. J. Eiseman is insufficient. It is hereby ordered by the court that the sheriff of the City and County of San Francisco arrest the defendant and detain him in custody until legally discharged. Thereupon the bail was fixed in the sum of Fifty Thousand ($50,000) dollars.”

The facts leading up to the making of said order, briefly stated, are as follows: Following petitioner’s conviction on eight counts of an indictment charging violation of the Corporate Securities Act, an order was made admitting him to bail in the sum of fifty thousand dollars, pending appeal. A personal bond for that amount was approved by the trial judge, and petitioner was released from custody. Subsequently the trial judge received information from certain officials of the counties wherein…