This section contains the nature of the case and procedural background.

Stack (D) and others were charged with conspiring to violate the Smith Act (proscribing advocacy of the overthrow of the government by force or violence). Usual bail for this charge is $10,000 per person. However, since the defendants had been convicted of violation of the Smith Act previously, the District Court set bail at $50,000 per person. The evidence of the prior conviction was the only evidence given by the state, while the defendants provided statements as to their financial resources, family relationships, health, prior criminal records, and other information. D petitioned for habeas corpus to reduce bail. The writs were denied. The Court of Appeals affirmed.

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