People v. Clark

Citations

• 125 Cal. 251
• 57 P. 986
• 1899 Cal. LEXIS 839

Syllabus

<p>Criminal Law—Determining Probable Cause fob Appeal—Absence of Trial Judge—Temporary Stay.—Where, owing to the absence of the trial judge on vacation, no application can be made to him for a certificate of probable cause for appeal from a judgment of imprisonment in the state prison, and other judges of the same court refuse to grant a stay of proceedings during his absence, as they might do, the appellate court will not make the usual order staying proceedings until the record can be presented to this court, but will order a stay until the trial judge returns and hears the application for a certificate of probable cause or until some other judge of the same court, appointed to act in his place, has heard and decided it.</p> <p>Id.—Right of Appellant.—The appellant from a judgment of conviction of a felony has a right to have it determined by the trial court, or by a justice of this court, whether there is probable cause for his appeal and to have a stay of proceedings in a proper case; and is entitled to a reasonable stay until the matter can be determined.</p>