Ex Parte Mancil

The petitioner was indicted, tried, and convicted of a felony in the circuit court of Pike county, and, as stated in the opinion of the Court of Appeals, 116 So. 907, “at the time of sentence, notice of appeal was given, but the court refused to suspend the judgment pending the appeal, because no exceptions were reserved.”

Contending that a suspension of the execution of the judgment by the trial court pending his appeal, and on his election, is a matter of right, he applied to the Court of Appeals for mandamus to the trial court to compel such suspension.

The Court of Appeals denied the prayer…