People v. Biescar

Petitioner has appealed to this court from a judgment of conviction rendered against him in a criminal ease. Before the appeal was perfected he asked the trial court for a certificate of probable cause for his appeal, but the court, assuming to exercise the “sole discretion” attempted to be conferred upon it by section 1243 of the Penal Code as amended in 1927 (Stats. 1927, p. 1062), refused to issue the certificate. Petitioner, upon due notice to the district attorney, asks this court to issue such a certificate, which is,- in effect, an order staying execution.

The grounds for petitioner’s…