Pollak

On March 24, 1915, the defendants were duly convicted of the offense of using the mails in furtherance of a scheme to defraud, and on the 3d day of April, 1915, judgment of imprisonment was pronounced and entered upon such conviction. On June 21, 1915, the defendants presented a petition—

Upon the presentation of such petition the judge of this court on said June 21st made the following order:

On the same day the defendants filed their assignment of errors and lodged with the clerk their proposed bill of exceptions. Nothing further has been done by them, and no writ of error has ever been sued out, or brought or filed, or even applied for by them. The time within which such writ could have been sued out, brought, and filed expired on October 3, 1915. The district attorney now moves that the order staying proceedings, and an order made by the court on April 6, 1915, that defendants be released upon bail, be vacated and set aside, and that defendants be committed to the custody of the marshal, and that the judgment entered on April 3, 1915, be enforced.

The defendants contend that the court is without jurisdiction to make the order applied for, for the reason, as claimed, that…