State v. D.W. Baker

In State v. D.W. Baker (1905), 3 Ohio N.P. (n.s.) 622, 16 Ohio Dec. 326, the Lorain County Court of Common Pleas considered, inter alia, Rev. Stat. 7325, in determining whether it had authority to allow the defendant, convicted of a felony and also sentenced, to bail after his conviction and sentence but pending appeal. It concluded that the law preceding Rev. Stat. 7325 required the defendant to be confined in jail during the temporary suspension of his sentence for the purpose of appeal. The only exception was contained in Rev. Stat. 7362, which allowed the appellate court, upon receiving the notice of appeal, to further stay execution of the sentence if it determined that probable error in the trial warranted it. Only after the appellate court determined that there was probable cause to warrant a further stay did the trial court have the authority to let bail pending appeal.