Youngberg v. Smart

Citations

• 70 Kan. 299
• 78 P. 422
• 1904 Kan. LEXIS 40

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Mandamus — Criminal Appeal —Writ to Compel Trial Judge to Stay Execution Denied. Where a defendant convicted of a misdemeanor appeals to the supreme court under section 1 of chapter 389, Laws of 1903, the transcript must be, filed in the supreme court within ninety days after the rendition of the judgment to entitle defendant to a stay of execution pending the appeal; and where it is not so filed, and execution has issued to satisfy the judgment, mandamus will not lie to compel the trial judge to make an order staying execution.</p> <p>2. Criminal Appeal — Act of1903 Construed. The pronouncement of a judgment of conviction constitutes the rendition of the judgment, within the meaning of chapter 389, Laws of 1903, which allows ninety days after the rendition of a judgment for filing a transcript- on appeal from the conviction of a misdemeanor, and grants the defendant a stay of execution.</p>