In Re Westcott

Carl Westcott, the petitioner, was indicted for murder. He was tried twice and was twice convicted. The first judgment was reversed upon appeal because of the erroneous admission of certain evidence. After the second trial the court granted the defendant’s motion for a new trial on the ground that the evidence was insufficient to support the verdict. Upon appeal from that order this court affirmed the same. The ease is to be tried again, but there is nothing to indicate that additional evidence will be produced by the People. Pending the appeal last mentioned an application was made in the superior court on behalf of petitioner that he be admitted to bail, which application was denied without prejudice, and he now prays by this proceeding in habeas corpus to be admitted to bail pending the determination of the criminal charge above mentioned.

All persons are bailable, except for capital offenses where the proof is evident or the presumption of guilt is great. (Const., art. I, sec. 6; Pen. Code, sec. 1270.) We think it evident that under the above statement of facts and the provisions cited that the petitioner is entitled to have bail fixed and to be released upon furnishing it as…