Majority
p. 15[Crim. No. 3819. Second Dist., Div. Three. June 21, 1944.] THE PEOPLE, Respondent, v. JEAN SIMPSON, Appellant.
John S. Cooper for Appellant.
Robert W. Kenny, Attorney General, and Prank Richards, Deputy Attorney General, for Respondent.
—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
p. 16
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.
Cases cited
- People v. Burnette 34 Cal.App.2d 663 p. 16
- In re Albori 95 Cal.App. 42 p. 16
- People v. Biescar 95 Cal. App. 70 p. 16
- In re Brahm 98 Cal.App. 731 p. 16