Ramirez

In this matter defendant has applied to this court for a certificate of probable cause. It appears that defendant was convicted of “assault with intent to commit murder,” and that he forthwith gave notice of appeal, together with the grounds thereof; whereupon the court made its order for the transcription of the reporter’s phonographic notes taken at the trial of the cause. Thereupon, according to the statement made to this court by the attorney representing defendant, a request for a certificate of probable cause was peremptorily denied by the judge of the trial court.

Although the language of the statute (sec. 1243, Pen. Code) in terms confers the power to issue a certificate of probable cause upon only the judge of the trial court, or upon a justice of the supreme court, it has been held that jurisdiction to issue such certificate also lies in a justice of the district court of appeal. (In re Mayen, 49 Cal. App. 531 [ 193 Pac. 813 ].) The duty of the trial judge to issue a certificate of probable cause is extensively discussed by Chief Justice Beatty in the Matter of Adams, 81 Cal. 163 [ 22 Pac. 547 ]. Such a certificate in no way conflicts with an order denying a motion for…