§ 12-22-170 — Stay of Sentence When Question of Law Reserved and Admission to Bail - Felonies

When any question of law is reserved in case of a felony and it shall be made known to the court that the defendant desires to take an appeal to the appropriate appellate court, judgment must be entered against the defendant, but execution thereof must be stayed pending the appeal and the defendant held in custody. If the sentence is for a term not exceeding 20 years, the judge must direct the clerk of the court in which the conviction is had to admit the defendant to bail in a sum to be fixed by the judge, with sufficient surety, conditioned upon his appearance at the court, from time to time thereafter, as fixed by the court to abide such judgement as may be entered on the appeal. All proceedings for forfeiture of bail and arrest under this section shall be had and conducted as is otherwise provided in this code for such proceedings.

Legislative History

(Code 1852, §753; Code 1867, §4304; Code 1876, §4980; Code 1886, §4511; Code 1896, §4318; Code 1907, §6249; Acts 1911, No. 114, p. 113; Acts 1911, No. 463, p. 626; Acts 1923, No. 105, p. 87; Code 1923, §3241; Code 1940, T. 15, §372; Acts 1951, No. 803, p. 1401.)