# In Re Scaggs

> California Supreme Court · November 30, 1956 · 47 Cal. 2d 416

URL: https://www.frixlaw.com/law-library/cases/9575854

## Case

- **Full name:** In Re PLEAS SCAGGS, on Habeas Corpus
- **Court:** California Supreme Court
- **Decided:** November 30, 1956
- **Citations:** 47 Cal. 2d 416; 303 P.2d 1009; 1956 Cal. LEXIS 291
- **Precedential status:** Published
- **Opinion:** Dissent by Schauer
- **Judges:** Gibson, Carter, Schauer
- **Cited by:** 17 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9575854

## Opinion text

SCHAUER, J., Dissenting.
In my view, upon the record presented to us, the defendant is prima facie entitled to be admitted to reasonable bail upon appeal. I find no factual basis for the implied finding that no conceivable amount of bail would secure the presence of defendant and his amenability to the process of the court when required. Neither does the record support any other tenable ground for denying bail. Certainly the indicated objective of punishing the defendant is not a valid ground for jailing him pending his appeal. Consequently, the absolute denial of an order fixing bail is an abuse of discretion (Cal. Const., art. I, §6; In re Brumback (1956), 46 Cal.2d 810 [ 299 P.2d 217 ]).

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9575854. Public record. Not legal advice.