People v. Simpson

California Court of Appeal

People v. Simpson

149 P.2d 738, 65 Cal. App. 2d 15, 1944 Cal. App. LEXIS 672

CourtCalifornia Court of Appeal

DecidedJune 21, 1944

DocketCrim. No. 3819

StatusPublished

Cited by4 cases

This text of 149 P.2d 738 (People v. Simpson) is published on Counsel Stack Legal Research, covering California Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Simpson, 149 P.2d 738, 65 Cal. App. 2d 15, 1944 Cal. App. LEXIS 672 (Cal. Ct. App. 1944).

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Opinion

THE COURT.

—Defendant and appellant has made appli-

cation for a stay of execution of a judgment of conviction pending the determination of her appeal following the refusal of the trial court to order a stay of execution pending the appeal pursuant to section 1243 of the Penal Code.

We have examined the record on appeal and have concluded that the grounds urged for a reversal of the judgment present debatable questions meriting extended consideration by the court and that the appeal has been taken in good faith [16]*16and is not frivolous. Under these circumstances, a stay of execution should be and is granted pending the final determination of the case on appeal. (People v. Burnette (1939), 34 Cal.App.2d 663 [94 P.2d 399]; In re Albori (1928), 95 Cal.App. 42 [272 P. 321] ; People v. Biescar (1928), 95 Cal. App. 70 [272 P. 328]; In re Brahm (1929), 98 Cal.App. 731 [277 P. 895].)

Desmond, P. J., Shinn, J., and Wood (Parker), J., concurred.

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THE COURT.

—Defendant and appellant has made appli-

cation for a stay of execution of a judgment of conviction pending the determination of her appeal following the refusal of the trial court to order a stay of execution pending the appeal pursuant to section 1243 of the Penal Code.

We have examined the record on appeal and have concluded that the grounds urged for a reversal of the judgment present debatable questions meriting extended consideration by the court and that the appeal has been taken in good faith [16]*16and is not frivolous. Under these circumstances, a stay of execution should be and is granted pending the final determination of the case on appeal. (People v. Burnette (1939), 34 Cal.App.2d 663 [94 P.2d 399]; In re Albori (1928), 95 Cal.App. 42 [272 P. 321] ; People v. Biescar (1928), 95 Cal. App. 70 [272 P. 328]; In re Brahm (1929), 98 Cal.App. 731 [277 P. 895].)

Desmond, P. J., Shinn, J., and Wood (Parker), J., concurred.

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149 P.2d 738, 65 Cal. App. 2d 15, 1944 Cal. App. LEXIS 672, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-simpson-calctapp-1944.

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