93 Minn. 176 | Minn. | 1904
The defendant was on April 29, 1904, convicted in the district court of the county of Cass of murder in the first degree, and the death penalty was imposed. The governor issued his warrant, directing the sheriff to execute the sentence on August 30,1904, and on this 29th day of August, 1904, the defendant, having appealed from an order denying his motion for a new trial, moved this court for a stay of execution.
The right to a stay, even in a capital case, is not a matter of absolute right, and the court may and ought to refuse it if clearly satisfied, upon an inspection of the record, that there is no merit in the appeal; but, if there is any fair doubt on the question, the stay should be granted until the alleged errors can be formally argued and determined. State v. Holong, 38 Minn. 368, 37 N. W. 587; State v. Hayward, 62 Minn. 114, 64 N. W. 90. In the first case cited the stay was refused, and in the second one it was granted.
It is therefore ordered that the motion for a stay be, and it is hereby, denied.