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People v. Thompson

5 Cal. Unrep. 533 Court Cal. Decision date 1896-11-30 Docket Crim. No. 159 English

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p. 533
PEOPLE v. THOMPSON.
Crim. No. 159;
November 30, 1896.
46 Pac. 907.

Headnote

Criminal Law.—An Appeal from an Order Fixing the Day for the execution of a sentence of death will be dismissed where it appears that the day so fixed has long since passed.
APPEAL from Superior Court, Los Angeles County; B. N. Smith, Judge.
W. H. Thompson was convicted of a crime, and sentenced to death. From an order fixing the time of execution, the defendant appeals.
Dismissed.
p. 534
Ben. Goodrich, D. K. Trask and Wm. A. Harris for appellant; Attorney General Fitzgerald for the people.

This is an appeal from an order appointing a day for the execution of the judgment of death pronounced against the defendant. At the time the day was so appointed an appeal was pending from an order refusing a new trial, and the point made here (if it can be said that any point was made) was that it was error to execute the judgment pending that appeal. The time for execution of the judgment was fixed for May 22, 1896. As that time has long since passed this appeal is of no further interest, and is therefore dismissed.