61 Cal. 538 | Cal. | 1882
The defendant was convicted of the crime of murder in the first degree. He made a motion for a new trial which was denied. Afterwards the trial Court pronounced j udgment of death against him. Through some inadvertence in the Court below the judgment was not entered in the minutes of the Court. The defendant appealed to this Court from the order denying his motion for a new trial and attempted to appeal from the judgment pronounced against him. On the hearing of the appeal this Court affirmed, on the merits, the order denying the new trial, and dismissed the appeal from the judgment because there was no judgment in the record. After the filing of the remittitur from this Court in the Court below, that Court made a nunc pro tu/no order directing the judgment to be entered in the minutes as of the date of its rendition; and it was so entered. The defendant excepted to this action of the Court, and asked to be permitted to move for a new trial on certain specified grounds. This motion the Court refused td> entertain, because one such motion had already been made and determined. Thereupon the Court made an tirder fixing the day for the execution of the judgment.
It is claimed on the part of defendant that he was entitled to be present when the order for his execution was made. So he was. (§ 1227, Penal Code; People v. Sprague, 54 Cal. 92.) But it does not appear from the record that he was not present, and in support of the regularity of the proceedings of the
Judgment and orders affirmed.
Morrison, C. J., Sharpstein, Myrick, McKinstry, Thornton, and McKee, JJ., concurred.