In Re Albori

Petitioner is a defendant in two actions which, until recently, have been pending in the superior court of Los Angeles County. In each action he was found guilty of the crime of assault with a deadly weapon and under each verdict he was sentenced to confinement in the penitentiary for the term prescribed by law. From the judgments against him and from orders denying his motions for new trials petitioner has perfected his appeals to this court. In due time he moved the superior court for a certificate of probable cause for his appeals and the motion was denied. Petitioner next, and in due time, moved the superior court for an order staying, pending his appeals, the execution of the judgments pronounced .against him. This motion also was denied. Petitioner then instituted in this court the proceeding which is above designated by the number Crim. 1732, a proceeding for a stay of execution pending appeal, although differently entitled.

For many years prior to the session of the legislature held in 1927—indeed, ever since 1874—the language of section 1243 of the Penal Code stood as follows: “An appeal to the supreme court from a judgment of conviction stays the execution of the…