What is the test for a defendant charged with murder to be denied pretrial bail?

California, United States of America


The following excerpt is from Bright, In re, 13 Cal.App.4th 1664, 17 Cal.Rptr.2d 105 (Cal. App. 1993):

[13 Cal.App.4th 1668] Historically, persons charged with murder were not entitled to pretrial bail if there was evident proof or a strong presumption the offense had been of the first degree. (People v. Tinder (1862) 19 Cal. 539, 541-542; Matter of Salvator Troia (1883) 64 Cal. 152, 153, 28 P. 231; Ex parte Curtis (1891) 92 Cal. 188, 189, 28 P. 223; In re Page (1927) 82 Cal.App. 576, 578, 255 P. 887.)

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