OpenJurist

193 F2d 875 Stack v. United States

193 F.2d 875

Loretta 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.

No. 13180.

United States Court of Appeals Ninth Circuit.

December 7, 1951.

Appeal from Order Denying Motion to Reduce Bail; Wm. C. Mathes, Judge.

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.

1

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:

2

For each of the appealing defendants

3

      Loretta Starvus Stack
      William Schneiderman
      Albert Jason Lima
      Carl Rude Lambert
      Oleta O'Connor Yates
      Henry Steinberg
      Mary Bernadette Doyle
4

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.

5

For each of the following appealing defendants

6

      Al Richmond
      Philip Marshall Connelly
      Dorothy Rosenblum Healey
      Rose Chernin Kusnitz
      Ernest Otto Fox
7

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.

8

          WILLIAM DENMAN
                      Chief Judge
      ALBERT LEE STEPHENS
                    Circuit Judge
          WILLIAM HEALY
                    Circuit Judge
          WALTER L. POPE
                    Circuit Judge
9

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

10

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.

11

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.

12

            HOMER T. BONE
              WM. E. ORR
              United States Circuit Judges.
13

MATHEWS, Circuit Judge (dissenting).

14

On the grounds and for the reasons stated in its opinion, United States v. Schneiderman, D.C.S.D.Cal., 102 F.Supp. 52, the District Court's order should be affirmed.