In Re Opinion of the Judges

According to the provisions of section 2784, Comp. Stat. 1921, it is made mandatory upon the trial judge when judgment of death is rendered to appoint a day upon which such judgment shall be executed, which day must not be less than 60 days nor more than 90 days from the date of the rendition of judgment. He must also direct the sheriff to deliver the defendant within 10 days from the date of the judgment to the warden of the state prison at McAlester, to be dealt with in accordance with the judgment and sentence. The record shows that the judgment fixed the date of- execution within the time…