People v. Durrant

Citations

• 119 Cal. 54
• 50 P. 1070
• 1897 Cal. LEXIS 844

Syllabus

<p>Criminal Law—Sentence oe Death—Erroneous Order Fixing Day for Execution—Stay of Proceedings—Habeas Corpus—Pendency of Appeal from Federal Court—Presumption—Absence of Proof of Final Decision.—An appeal to the supreme court of the United States from an order of the circuit court refusing an application for a writ of habeas corpus by a prisoner under sentence of death for murder, stays the hands of the state and of the state authorities during its pendency; and it being established from the records of the circuit court that such an appeal was taken, and is pending so far ns disclosed by those records, it will be presumed to be still pending, until the presumption is overcome by legal proof, and, whore there was no legal evidence oí a final decision of such appeal before the superior court, its order fixing a day for execution of the prisoner is erroneous and reversible upon appeal.</p> <p>Id.—Appealable Order—Insufficient Time Allowed fob Bill of Exceptions—Abuse of Discretion.—An order fixing a day for execution of a prisoner under previous sentence of death is appealable: and where such order so limits the time appointed for the death as not to allow the defendant the time guaranteed by law in which to prepare and present his bill of exceptions, it is in violation of his rights, and is a gross abuse of discretion.</p>