811.5  Bail on appeal.

After conviction, upon appeal to the appellate court, the defendant must be admitted to bail, if it be from the judgment imposing a fine, upon the undertaking of bail that the defendant will, in all respects, abide the orders and the judgment of the appellate court upon appeal; if from a judgment of imprisonment, except as provided in section 811.1 upon the undertaking of bail that the defendant will surrender in execution of the judgment and direction of the appellate court, and in all respects abide the orders and judgment of the appellate court upon the appeal. Such bail may be taken, either by the court where the judgment was rendered, or the district court of the county in which the defendant is imprisoned, or by the appellate court, or a judge or clerk of any of such courts. Provided, that in lieu of bail, bailable defendants as described herein may be released in accordance with the provisions of section 811.2.

Section History: Early form

  [R60, § 4966, 4981; C73, § 4587; C97, § 5506; C24, 27, 31, 35, 39, § 13617, 13618; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, § 763.9, 763.10; C79, 81, § 811.5]

Internal References

  Referred to in § 915.13


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