Legal Opinion

People v. McNulty

California Supreme Court

Decided August 11, 1892No. 20945PublishedCited by 15 opinions

Motion to dismiss an appeal from an order made after the affirmance of a capital conviction fixing the time and place of execution. The facts are stated in the opinion of the court.

1Opinion of the CourtBeatty, C. J.

The defendant in this case was convicted of murder in the first degree, and sentenced to suffer death. He appealed from the judgment of conviction, which was finally affirmed by this court in February last. Upon the going down of the remittitur, the superior court made an order fixing the twelfth day of August, 1892, as the time, and the county jail of San Francisco as the place, of execution of the judgment. From this order the defendant, on the eighth day of August, served and filed his notice of appeal. The people now move to dismiss the appeal, upon the ground that it is frivolous.

*595This is…

2Cases cited1 opinion

  1. People v. SpragueCalifornia Supreme Court · 1880

3Cited by15 opinions

  1. People v. ShortsCalifornia Supreme Court · 1948
  2. People v. EbanksCalifornia Supreme Court · 1897
  3. Randall v. DuffCalifornia Supreme Court · 1894
  4. People v. SumnerCalifornia Court of Appeal · 1968
  5. In Re BrahmCalifornia Court of Appeal · 1929

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