
    The People, Plaintiff and Respondent, v. Barrios, Defendant and Appellant.
    Appeal from the District Court of Mayagiiez in a Prosecution for Voluntary Homicide.
    Motion of the Defendant-Appellant that the Supreme Court Fix the Bail for His Temporary Discharge.
    No. 896.
    Decided July 20, 1915.
    Voltjntaby Homicide — Bail on Appeal — Discibetion op Court. — According to subdivision 2 of section 374 of the Code of Criminal Procedure, which is similar to subdivision 2 of section 1272 of the Penal Code of California, it is discretional with the trial court whether a person convicted of voluntary homicide be admitted to bail pending the prosecution and decision of the appeal.
    Bail on Appeal. — The power, of admitting the defendant to bail pending an appeal taken by him should not be exercised primarily by the Supreme Court, but the application should be decided by the cmirt below.
    The facts are stated iu the decision.
    
      Mr. Angel A. Vázquez for the appellant.
    
      Mr. Salvador Mestre, fiscal, for the respondent.
   BY THE COURT.

After considering the motion of the defendant-appellant, Rogelio Barrios, that this court fix the amount of hail to he furnished by him so- that he may remain at liberty until his appeal has been heard and decided, also considering subsection 2 of section 374 of the Code of Criminal Procedure, which is the same as subsection 2 of section 1272 of the Penal Code of California, and the case of People v. Perdue, 48 Cal., 552,

The motion is overruled without prejudice to the making of a similar motion in the lower court.

Motion overruled without prejudice.

Chief Justice Hernandez and Justices Wolf, del Toro, Al-drey and Hutchison concurred.  