In re Murphy (1921) · DecisionDepot

In re Murphy

Name: California Superior Court Tentative Rulings
Creator: DecisionDepot
License: https://creativecommons.org/licenses/by-nc/4.0/

California Supreme Court Mar 14, 1921 No. Crim. No. 2359Published

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Holding. The court held that a certificate of probable cause for an appeal from a felony conviction may only be issued by the trial judge or a justice of the district court of appeal having jurisdiction over the case.

Issues

Who is authorized to issue a certificate of probable cause for an appeal from a felony conviction?

Disposition. Application denied.

Quotations verified verbatim against the opinion

“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.”

Synopsis

APPLICATION for a Certificate of Probable Cause. Denied.

The facts are stated in the opinion of the court.

THE COURT. The 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.)

The application is denied.

All the. Justices concurred.

In re Murphy

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