PER CURIAM
This is on petition of appellant for order of this court admitting him to bail pending his appeal from conviction of the crime of lewdness. By the provisions of sec. 11124, N.C.L. 1929, such order may be made "by the court or judge who tried the case or by the court to which the appeal is taken or the judge or a justice thereof."
Under such provisions it is the generally recognized rule that the appellate court will not act in the first instance...
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