Youngberg v. Smart

The opinion of the court was delivered by

Atkinson, J. :

This is an original proceeding in mandamus to compel Charles A. Smart, as judge of' the district court, to grant a stay of execution in the-case of The State v. Youngberg, immediately preceding, 78 Pac. 421. Youngberg was found guilty in the district court of Franklin county of maintaining a nuisance, and sentenced to thirty days in thecounty jail and to pay a fine of $200 and costs of the prosecution. He appealed from the judgment of conviction. The transcript not being filed in the supreme court within the time required to stay…