People v. Sing Lum

Citations

• 61 Cal. 538
• 1882 Cal. LEXIS 661

Syllabus

<p>Judgment—Entry op Judgment Nunc pro Tunc—New Trial.—After the conviction of the defendant of the crime of murder in the first degree, through some inadvertence in the Court below, the judgment was not entered in the minutes of the Court; and upon a former appeal from the judgment and the order denying a new trial, the appeal from the judgment was dismissed on that ground, and the order denying a new trial affirmed on the merits. Upon the filing of the remittitur, the Court made a nunc pro tunc order, directing the judgment to be entered in the minutes as of the date of its rendition; and after a refusal by the Court to permit the defendant to move for a new trial, on the ground that such a motion had already been made and determined, it was so entered.</p> <p>Held: There was no error in refusing to entertain a second motion for new trial.</p> <p>Id.—Order for Execution—Presence of Defendant—Presumption.— A defendant convicted of murder in the first degree is entitled to be present when the eider for his execution is made; but unless the contrary appears from the record, it will be presumed that he was present.</p> <p>Id.—Id.—Order to Show Cause.—The purpose of Section 1227, Penal Code, is in the nature of an order to show cause; and where no reason exists why the judgment of the Court should not be executed, it is the duty of the defendant, when brought into Court, to present it.</p>