Lane

The defendant in this case was convicted of the crime of murder, and on the twenty-second day of November, 1892, was sentenced to the state prison for life. After appealing to the supreme court, his counsel, on November 23d, for the purpose of staying proceedings pending the appeal, applied to the superior court for a certificate of probable cause. (Pen. Code, sec. 1243.) His application was denied. He then applied for a temporary stay of proceedings pending settlement of his bill of exceptions, in order that he might *597 renew his application for a certificate of probable cause before a justice of this court. This was also refused, and he now applies here for such temporary stay.

The defendant, being refused a certificate of probable cause by the judge of the superior court, has a clear statutory right to renew his application here. (Pen. Code, sec. 1243.) Such application cannot be heard until the bill of exceptions is settled (Matter of Adams, 81 Cal. 163 ), and the defendant is entitled to ten days after judgment, and such further time as the court may grant, for preparing and presenting a draught of his bill. At the time the application for a temporary stay was refused, the…