TOWNSEND, J.
1. Where a defendant who has been convicted of a misdemeanor makes an extraordinary motion for new trial, which motion is heard by the trial judge and denied, but the judge signs and certifies a bill of exceptions to this court in which error is assigned on the judgment of the trial court denying the extraordinary motion for a new trial, such defendant is entitled, as a matter of right, to be admitted to bail pending his appeal, and it is the duty of...
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