Colby

This is an appeal from an order made by the Superior Court in and for the County of Santa Cruz, on the 19th of January, 1880, whereby the said Superior Court fixed a day to carry into execution a certain judgment in the above case, rendered by the late District Court of that county, on the 17th day of June, 1879. It appears from the transcript, that the defendant was, on the said 17th day of June, 1879, convicted of tire crime of murder in the District Court of the Twentieth Judicial District, in and for the said County of Santa Cruz, and sentence of death was passed upon him on the 20th of June, 1879. From that judgment defendant appealed to this Court; and on the 18th day of November, 1879, the judgment of the Court below was affirmed, and said Court was ordered to fix a day for carrying the sentence into execution. A petition for rehearing in the cause was duly presented, and, on the 22nd day of December, 1879, the same was denied. On the 19th day of January, 1880, the defendant was brought before the Superior Court in and for the County of Santa Cruz, for sentence; and, being asked if he had any legal reasons to show why the judgment should not be executed, presented the…