In re Murphy

Decided March 14, 1921

California Supreme Court · decided 1921-03-14

<p>[1] Criminal Law—Judgment of Conviction of Felony—Appeal— Certificate of Probable Cause—Jurisdiction.—Where a defendant convicted of a felony and adjudged to suffer imprisonment in the state prison appeals from the judgment to the district court of appeal, the only officers authorized to give a certificate of probable cause are the judge of the trial court or some justice of the district court of appeal.</p>

Cited by 3 later decisions — most recently December 1952

3 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1921-03-14

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THE COURT.

¶1The applicant on conviction of a felony was adjudged to suffer imprisonment in the state prison. He has appealed from the judgment to the district court of appeal of the first appellate district, the only court having jurisdiction of the subject matter of such an appeal. [1] Under such circumstances the only officers authorized by our law to give a certificate of probable cause are the judge of the trial court or some justice of said district court of appeal. (See In re Mayen (on habeas corpus), (Cal. App.), 193 Pac. 813.)

¶2The application is denied.

¶3All the. Justices concurred.