People v. Burnette

J.—Appellant has appealed to this court from a judgment of conviction rendered against him in a criminal case. The trial court refused him a certificate of probable cause, whereupon appellant petitioned this court for a writ of supersedeas to stay the execution of the judgment pending the appeal.

Although section 1243 of the Penal Code as amended in 1927 purports to place exclusive jurisdiction over the staying of executions in criminal cases in the trial court, it is now settled that the power of the appellate courts is inherent and plenary to issue writs or orders by which execution of…