Judge to transmit statement of conviction and testimony to Governor. Governor may require opinion of 1218. (§ 467.) The Judge of the Court at which a conviction requiring judgment of death is had, must, immediately after the conviction, transmit to the Governor, by mail or otherwise, a statement of the conviction and judgment, and of the testimony given at the trial. 1219. (§ 468.) The Governor may thereupon require the opinion of the Justices of the Supreme Court and of the Attorney General, or any of them, upon Court, etc., the statement so furnished. Justices of Supreme thereon. Judgment of death, suspended. 1220. (§ 469.) No Judge, Court, or officer, other when than the Governor, can suspend the execution of a judgment of death, except the Sheriff, as provided in the six succeeding sections, unless an appeal is taken. If reason to suppose defendant insane, jury to inquire into by ordered. 1221. (§ 470.) If, after judgment of death, there is good reason to suppose that the defendant has become insane, the Sheriff of the county, with the conit; how and currence of the Judge of the Court by which the judgment was rendered, may summon from the list of jurors selected by the Supervisors for the year a jury of twelve persons to inquire into the supposed insanity, and must give immediate notice thereof to the District Attorney of the county. Duty of 1222. (§ 471.) The District Attorney must attend the inquisition, and may produce witnesses before the inquisition jury, for which purpose he may issue process in the same manner as for witnesses to attend before the Grand Jury, and disobedience thereto may be punished in like manner as disobedience to process issued by the Court. Inquisition, how cercised and filed. 1223. (§ 472.) A certificate of the inquisition must be signed by the jurors and the Sheriff, and filed with the Clerk of the Court in which the conviction was had. ings upon jury. 1224. (§§ 473, 474.) If it is found by the inquisi- Proceedtion that the defendant is sane, the Sheriff must execute finding of the judgment; but if it is found that he is insane, the Sheriff must suspend the execution of the judgment until he receives a warrant from the Governor or from the Judge of the Court by which the judgment was rendered directing the execution of the judgment. If the inquisition finds that the defendant is insane, the Sheriff must immediately transmit it to the Governor, who may, when the defendant becomes sane, issue a warrant appointing a day for the execution of the judgment. ings when female is supposed tobe pregnant. 1225. (§ 475.) If there is good reason to suppose Proceedthat a female against whom a judgment of death is rendered is pregnant, the Sheriff of the county, with the concurrence of the Judge of the Court by which the judgment was rendered, may summon a jury of three physicians to inquire into the supposed pregnancy. Immediate notice thereof must be given to the District Attorney of the county, and the provisions of Sections 1222 and 1223 apply to the proceedings upon the inquisition. 1226. (§§ 476, 477.) If it is found by the inquisition that the female is not pregnant, the Sheriff must execute the judgment; if it is found that she is pregnant, the Sheriff must suspend the execution of the judgment, and transmit the inquisition to the Governor. When the Governor is satisfied that the female is no longer pregnant, he may issue his warrant appointing a day for the execution of the judgment. Proceed ings upon the finding of the jury. ings when of death remaining not been in force has 1227. (§§ 478, 479.) If for any reason a judgment Proceedof death has not been executed and it remains in force, judgment the Court in which the conviction was had, on the application of the District Attorney, must order the defendant to be brought before it, or, if he is at large, a warrant for his apprehension may be issued. Upon executed. Punish ment of the defendant being brought before the Court it must inquire into the facts, and if no legal reasons exist against the execution of the judgment, must make an order that the Sheriff execute the judgment at a specified time. The Sheriff must execute the judg ment accordingly. 1228. ($480.) The punishment of death must be death, how inflicted by hanging the defendant by the neck until inflicted. Execution, where to take place be present. and to Return upon death warrant. he is dead. NOTE.-Stats. 1851, p. 212. 1229. A judgment of death must be executed within the walls or yard of a jail, or some convenient private place in the county. The Sheriff of the county must be present at the execution, and must invite the presence of a physician, the District Attorney of the county, and at least twelve reputable citizens, to be selected by him; and he shall, at the request of the defendant, permit such ministers of the gospel, not exceeding two, as the defendant may name, and any persons, relatives or friends, not to exceed five, to be present at the execution, together with such peace officers as he may think expedient, to witness the execution. But no other persons than those mentioned in this section can be present at the execution, nor can any person under age be allowed to witness the same. NOTE.-Founded upon the Act to abolish public executions. (Stats. 1858, p. 192, Sec. 1.) 1230. After the execution, the Sheriff must make a return upon the death warrant, showing the time, mode, and manner in which it was executed. NOTE.-Stats. 1858, p. 192, Sec. 3. TITLE IX. OF APPEALS TO THE SUPREME COURT. CHAPTER I. Appeals, when allowed and how taken, II. Dismissing an appeal for irregularity. CHAPTER I. APPEALS, WHEN ALLOWED AND HOW TAKEN, AND THE EFFECT THEREOF. SECTION 1235. Who may appeal. Appeal to be taken on questions of law alone. 1236. Parties, how designated on appeal. 1237. In what cases an appeal may be taken by the defend ant. 1238. In what cases by the people. 1239. Appeals, within what time to be taken. 1240. Appeal, how taken. 1241. When notice may be served by publication. 1242. Effect of an appeal by the people. 1243. Effect of an appeal by the defendant. 1244. Same. 1245. Same. 1246. Duty of Clerks upon appeal. 1235. (§§ 481, 482.) Either party in a criminal action amounting to a felony may appeal to the Supreme Court, on questions of law alone, as prescribed in this Chapter. NOTE.-As to the jurisdiction of the Supreme Court on appeal in criminal cases, see note to Sec. 44 of the Code of Civil Procedure. how on appeal. 1236. (§ 483.) The party appealing is known as Parties, the appellant, and the adverse party as the respondent, designated but the title of the action is not changed in consequence of the appeal. be taken by the defendant. In what cases by An appeal may be taken by the 1. From a final judgment of conviction; 2. From an order. denying a motion for a new trial; 3. From any order made after judgment, affecting the substantial rights of the party. NOTE.-See note to Sec. 1238 of this Code. 1238. (§ 481.) An appeal may be taken by the the people. people: 1. From a judgment for the defendant on a demurrer to the indictment; 2. From an order granting a new trial; 3. From an order arresting judgment; 4. From any order made after judgment, affecting the substantial rights of the people. NOTE.-People vs. Ah Kim, April Term, 1872. This Chapter is founded upon Sections 481-492, inclusive, of the Criminal Practice Act of 1851, and the amendments thereto of 1858, 1862, and 1863 (Stats. 1858, p. 217; 1862, p. 536; 1863, p. 158); but has been framed so as to include only appeals to the Supreme Court, appeals to the County Court being provided for in Title XI, Chapter II. By the terms of the statute, as it stood, the right of appeal was as broad in favor of the people as of the defendant, in a criminal action. The validity of these provisions were involved in the decision of the case of The People vs. Webb, 38 Cal., p. 467. The defendant had been indicted and tried for perjury. Upon the trial in the Court below, the people offered in evidence the record of the proceedings in which the alleged perjury was committed. The Court, upon the objection of the defendant, improperly excluded the record. As it constituted the foundation of the people's proofs, its exclusion ended their case, and the defendant was acquitted. From the judgment of acquittal the people appealed, assigning the erroneous ruling as error, and it would have followed, if the terms of the statute were to be the guide, that the judgment must be reversed and the cause remanded for a new trial. In the appellate Court the defendant confessed the error, but invoked the aid of the constitutional provision, that "No person shall be subject to be twice put in jeopardy for the same offense." Justice Sprague, |