Stack v. United States, 13180.

Decision Date07 December 1951
Docket NumberNo. 13180.,13180.
PartiesLoretta Starvus STACK, Al Richmond, Philip Marshall Connelly, Dorothy Rosenblum Healey, Ernest Otto Fox, William Schneiderman, Carl Rude Lambert, Henry Steinberg, Oleta O'Connor Yates, Rose Chernin Kusnitz, Mary Bernadette Doyle, and Albert Jason Lima, Appellants, v. UNITED STATES of America, Appellee.
CourtU.S. Court of Appeals — Ninth Circuit

Ben Margolis, A. L. Wirin, Daniel G. Marshall, Leo Branton, Jr. and Alexander H. Schullman, all of Los Angeles, Cal., Norman Leonard, San Francisco, Cal., and Leo A. Sullivan, Oakland, Cal., for appellants.

Walter S. Binns, Acting U. S. Atty., Los Angeles, Cal., for appellee.

Before DENMAN, Chief Judge, and MATHEWS, STEPHENS, HEALY, BONE, ORR and POPE, Circuit Judges.

PER CURIAM.

The order denying the motion of appellants to reduce the bail of $50,000.00 is reversed. The case is remanded and the district court ordered to enter orders as follows:

For each of the appealing defendants

Loretta Starvus Stack William Schneiderman Albert Jason Lima Carl Rude Lambert Oleta O'Connor Yates Henry Steinberg Mary Bernadette Doyle

an order that he or she be released from confinement upon the posting of bail in the sum of $10,000.00 cash or bond conditioned as required by law, to be approved by the District Court for the Southern District of California and filed with the Clerk of that court.

For each of the following appealing defendants

Al Richmond Philip Marshall Connelly Dorothy Rosenblum Healey Rose Chernin Kusnitz Ernest Otto Fox

an order that he or she be released from confinement upon the posting of bail in the sum of $5,000.00 cash or bond conditioned as required by law, to be approved by the district court for the Southern District of California and filed with the Clerk of that court.

WILLIAM DENMAN Chief Judge ALBERT LEE STEPHENS Circuit Judge WILLIAM HEALY Circuit Judge WALTER L. POPE Circuit Judge

BONE and ORR, Circuit Judges (concurring in part and dissenting in part).

We concur in the order of this court reversing the order of the District Court denying the motion to reduce bail theretofore fixed in the sum of $50,000.

We dissent from the order of this court fixing bail of certain of the appealing defendants at $10,000 and of other appealing defendants in the sum of $5,000, for the reason that we deem said amounts to be inadequate.

HOMER T. BONE WM. E. ORR United States Circuit Judges.

MATHEWS, Circuit Judge (dissenting).

On the grounds and for the reasons stated in...

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10 cases
  • United States v. Spector
    • United States
    • U.S. District Court — Southern District of California
    • December 14, 1951
    ...this court's order denying motions to reduce the $50,000 bail heretofore fixed as to each of the twelve defendants in Stack v. United States, 9 Cir., 1951, 193 F.2d 875, reversing United States v. Schneiderman, D.C.S.D.Cal.1951, 102 F.Supp. 52, the three defendants in No. 21940 — Spector, C......
  • Harkins v. Lauf
    • United States
    • Missouri Supreme Court
    • February 9, 1976
    ...States, 193 F.2d 86 (C.A.2); United States v. Schneiderman, et al., 102 F.Supp. 52 (D.C.Cal.), reversed on other grounds, Stack v. United States, 193 F.2d 875 (C.A.9). See 8 C.J.S. Bail § 31, p. The determination whether a federal court or a state court has prior jurisdiction over the perso......
  • Yates v. United States
    • United States
    • U.S. Supreme Court
    • May 5, 1958
    ...by petitioner, United States v. Schneiderman, 102 F.Supp. 52; on appeal, the Court of Appeals ordered bail set at $10,000. Stack v. United States, 9 Cir., 193 F.2d 875. Shortly thereafter, on December 10, 1951, petitioner, having been found to have been imporperly confined since August 30 o......
  • United States v. Kremen, Clv. No. 7691-7695.
    • United States
    • U.S. District Court — Northern District of California
    • September 14, 1953
    ...5 For reports of those cases see U. S. v. Schneiderman, D. C., 102 F.Supp. 52; U. S. v. Spector, D.C., 102 F.Supp. 75; Stack v. U. S., 9 Cir., 193 F.2d 875; Spector v. U. S., 9 Cir., 193 F.2d 1002; Stack v. Boyle, 9 Cir., 192 F.2d 56; and Stack v. Boyle, 342 U.S. 1, 72 S.Ct. 1, 96 L.Ed. 6 I......
  • Request a trial to view additional results

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