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People v. Simpson

Court of Appeal of California, Second District, Division Three
Jun 21, 1944
65 Cal.App.2d 15 (Cal. Ct. App. 1944)

Opinion

Docket No. 3819.

June 21, 1944.

APPLICATION for stay of execution of judgment of conviction pending appeal. Application granted.

John S. Cooper for Appellant.

Robert W. Kenny, Attorney General, and Frank Richards, Deputy Attorney General, for Respondent.


THE COURT.

Defendant and appellant has made application 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 and 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.


Summaries of

People v. Simpson

Court of Appeal of California, Second District, Division Three
Jun 21, 1944
65 Cal.App.2d 15 (Cal. Ct. App. 1944)
Case details for

People v. Simpson

Case Details

Full title:THE PEOPLE, Respondent, v. JEAN SIMPSON, Appellant

Court:Court of Appeal of California, Second District, Division Three

Date published: Jun 21, 1944

Citations

65 Cal.App.2d 15 (Cal. Ct. App. 1944)
149 P.2d 738

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