Ex parte Wachline

This is an application for a cer-' tificate of probable cause in the case of Gus Wachline, recently convicted of murder in the first degree in Washington Oounty. Section 1440 of Hill’s *205Ann. Laws provides tliat an appeal from a judgment on a conviction stays the execution of the judgment upon filing with the notice of appeal a certificate of a judge of the court in which the conviction was had, or of a justice of the supreme court, that in his opinion there is probable cause for an appeal, but not otherwise. Now it is apparent that before a justice of the supreme court can certify that in his…