People v. Ebanks

Citations

• 120 Cal. 626
• 52 P. 1078
• 1898 Cal. LEXIS 821

Syllabus

<p>Grimin'al Law — Homicide — Order Fixing Date for Execution—Effect of Appeal. — The pendency of an appeal from an order made after , final judgment fixing a date for execution does not work a stay of the judgment, and can have no effect upon any further proceedings in the court below, and the appeal is of no further importance after the lapse of the time fixed for execution by the order appealed from.</p> <p>Id.—Information—Session of Grand Jury.—An information is not rendered invalid by the fact that when it was filed the grand jury was in session. The two modes of procedure by indictment or information are concurrent.</p> <p>Id.—Conclusiveness of Judgment.—The final judgment of conviction is . ..conclusive upon the question of the validity of the information, and cannot be assailed upon appeal from an order made after judgment fixing the date for execution.</p> <p>Id.—Change of Judge—J udicial Knowledge.—This court will take judicial knowledge that the judge who pronounced the original judgment had ceased to be a judge when the order was made.</p> <p>Id.—Execution of Sentence of Death—Power of Warden of State Prison. The warden of the state prison has authority, under section 1227 of the Penal Code, as amended in 1891, to execute a judgment of death.</p> <p>Id.—Order Fixing Execution within Ten Days—Appellant not Prejudiced.—Though an order fixing the date for the execution of the judgment of death within ten days is presumptively an abuse of discretion, as not allowing sufficient time for a bill of exceptions, and for an application for a certificate of probable cause, yet where, as matter of fact, a bill of exceptions was settled and a certificate of pro-able cause applied for in this court before the day fixed for the execution of the judgment, and was denied, the appellant is not prejudiced by the order, and it will be affirmed.</p>