Ex Parte Rodley

—The petitioner, having been convicted of the crime of perjury in the superior court of Butte County, took an appeal to this court, where the judgment was affirmed. Pending his appeal he remained in the custody of the sheriff of Butte County, confined in the county jail, in pursuance of the order of the superior judge certifying that there was probable cause for his appeal. After the affirmance of the judgment of the superior court by this court, there was a petition for a rehearing, and this was denied on the twenty-eighth day of January, 1901, whereby the judgment became final. On the following day—-January 29,1901,—a writ of error was allowed by me, as chief justice of the supreme court, by which the cause is made reviewable in the supreme court of the United States upon assignments of error involving an alleged conflict between a law of this state and the fourteenth amendment to the constitution of .the United States. A proper bond to prosecute the writ was presented, approved, and filed, citation and writ duly issued, and copies filed in the clerk’s office on January 30th. On the 31st the citation was served on the defendant in error by delivering a copy to the…