Wainwright v. State

• Decision Date: 27 July 1914
• Docket Number: A-2234.
• Parties: WAINWRIGHT v. STATE.
• Court: United States State Court of Criminal Appeals of Oklahoma. Court of Criminal Appeals of Oklahoma

141 P. 1120

11 Okla.Crim. 46, 1914 OK CR 118

WAINWRIGHT v. STATE.

No. A-2234.

Court of Criminal Appeals of Oklahoma

July 27, 1914

Syllabus by the Court.

Under Bill of Rights, § 8, bail is a matter of right before conviction, "except for capital offenses when the proof of guilt is evident, or the presumption thereof is great." The right of bail after conviction pending appeal is purely statutory, and would not exist in the absence of the statute. The statute prescribes the form and conditions of the bond, and a defendant is not entitled to bail pending appeal, except upon a bond conditioned as required by the statute.

Error to Superior Court, Muskogee County.

W. H Wainwright was convicted of embezzlement, and brings error. Motion to admit to bail granted on conditions.

S. M Rutherford and Noffsinger & Broome, all of Muskogee, for plaintiff in error.

C. J Davenport, Ass't. Atty. Gen., and W. E. Disney, Co. Atty., and B. B. Blakeney, both of Muskogee, for the State.

ARMSTRONG P.J.

This appeal is from a judgment of conviction rendered in the superior court of Muskogee county on the 14th day of March 1914, in accordance with the verdict of the jury finding the defendant guilty of the crime of embezzlement of public funds to the amount of $7,500, and assessing his punishment at imprisonment for a term of 14 years, and a fine of $15,000. On April 14, 1914, the appeal was taken by filing a transcript of the record in this court, together with an application for bail, wherein this court is asked to permit the defendant to give bail conditioned for his appearance only, and specifically exempting him and his sureties from any liability for the payment of the fine in case the judgment should be affirmed.

The transcript shows that when the judgment was rendered bail was fixed by the trial court in the sum of $20,000, and a bond conditioned as provided by statute. Counsel for plaintiff in error have made no question about the excessiveness of the amount of bail as fixed by the trial court, but contend that the defendant is entitled to give bail conditioned for his appearance only.

Bail is a matter of right before conviction in all cases "except for capital offenses when the proof of guilt is evident or the presumption thereof is great." Section 8, Bill of Rights Okl. Const. The right of bail after conviction is purely statutory, and would not exist in the absence of the statute giving the right....