People v. Gallanar
California Supreme Court
PETITION for stay of execution pending preparation of record on appeal from a judgment of conviction of manslaughter in the Superior Court of Shasta County and from an order denying a new trial. Charles M. Head, Judge. The facts are stated in the opinion of the court.
1Opinion of the Court
THE COURT.
The defendant was convicted of manslaughter, and has appealed to this court. The trial judge refused a certificate of probable cause, and refuses to stay execution of the sentence until an application for such certificate can be made here.
A criminal appeal, except in capital cases, does not stay execution unless a certificate is filed by the trial judge or a justice of the supreme court that, in his opinion, there is probable cause for the appeal. (Pen. Code, sec. 1243.) When there is probable cause the defendant is clearly entitled to the certificate as matter of right, and there…
2Cases cited2 opinions
- In re AdamsCalifornia Supreme Court · 1889
- People v. LaneCalifornia Supreme Court · 1892
3Cited by11 opinions
- In Re AlboriCalifornia Court of Appeal · 1928
- In Re MayenCalifornia Court of Appeal · 1920
- In re NeilIdaho Supreme Court · 1906
- In Re FishmanCalifornia Court of Appeal · 1952
- People v. MayenCalifornia Court of Appeal · 1920
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