People v. Sprague

In bank, Ross, J.:

The prisoner was indicted for murder, and was afterward tried and convicted of murder in the first degree, and adjudged to suffer death. A warrant of execution was thereafter signed by the Judge, attested by the clerk, and delivered to the Sheriff, pursuant to § 1217 of the Penal Code, appointing the 27th day of September, 1878, as the day on which the judgment should be executed. An appeal was taken to this Court from the judgment of conviction, upon the hearing of which the judgment was affirmed, and the Court below directed to fix a day for its execution. The remittitur…