Ex parte Whitty

Citations

• 65 Cal. 168
• 3 P. 660
• 1884 Cal. LEXIS 481

Syllabus

<p>Cbiwnai, Law—Habeas Coepus—Appeal—Stay oe Execution.—Where an appeal is taken to the Superior Court from a judgment of a Justice’s Court, adjudging the defendant guilty of battery, and sentencing him to imprisonment for a certain term, and defendant is released from custody pending the appeal, he must be recommitted to prison, upon a dismissal of the appeal, notwithstanding no certificate of probable cause was filed.</p>