Crim. No. 3819 | Cal. Ct. App. | Jun 21, 1944

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 *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" court="Cal. Ct. App." date_filed="1939-09-27" href="https://app.midpage.ai/document/people-v-burnette-1426032?utm_source=webapp" opinion_id="1426032">34 Cal.App.2d 663 [94 P.2d 399]; In re Albori (1928), 95 Cal. App. 42" court="Cal. Ct. App." date_filed="1928-11-19" href="https://app.midpage.ai/document/in-re-albori-3289914?utm_source=webapp" opinion_id="3289914">95 Cal.App. 42 [272 P. 321] ; People v. Biescar (1928), 95 Cal. App. 70" court="Cal. Ct. App." date_filed="1928-11-20" href="https://app.midpage.ai/document/people-v-biescar-3284690?utm_source=webapp" opinion_id="3284690">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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