In re Adams

When this application Was originally presented, the following opinion and order were filed: —

The petitioner having, in compliance with said order, given the required notice to the district attorney, and *166 produced a record of his conviction, including a settled statement of his exceptions, the question is now to be decided whether he is entitled to a certificate that there is “probable cause” for his appeal.

It is not required that in matters of this kind any formal statement in writing of the .grounds of our decision should be made, but the frequency with which these applications are denied by the judges of the superior court, when they ought to be granted, and the serious interruption to the business of this court caused by their renewal here, seem to demand an expression of our views as to the proper construction of section 1243 of the Penal Code, and the proper practice under it.

Section 1243 reads as follows: “An appeal to the supreme court from a judgment of conviction stays the execution of the judgment in all capital cases, and in all other cases, upon filing with the clerk of the court in which the conviction was had a certificate of the judge of such court, or of…