sheriff of the county, with the concurrence 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.

1222. The district attorney must attend the inquisition, and may produce witnesses before the 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.

1223. 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.

1224. If it is found by the inquisition that the defendant is sane, the sheriff must execute 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.

1225. If there is good reason to suppose that 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 section one thousand two hundred and twenty-two and one thousand two hundred and twentythree apply to the proceedings upon the inquisition.

1226. If it is found by the inquisition that the female is not pregnant, the sheriff must execute the judgment; if it is found that the woman 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.

1227. If for any reason a judgment of death has not been executed, and it remains in force, 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 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 judgment accordingly.

The Superior Court as successor of the District Court can make an order to carry into execution a judgment of death rendered by the District Court-54 Cal. 184. An order for execution made in the absence of defendant is erroneous-54 Cal. 92.

1228. The punishment of death must be inflicted by hanging the defendant by the neck until he is dead.

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 men

tioned in this section can be present at the execution, nor can any person under age be allowed to witness the same.

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.

TITLE IX.

Of Appeals to the Supreme Court.

CHAP. I. APPEALS, WHEN ALLOWED AND HOW TAKEN, AND THE EFFECT THEREOF, §§ 1235-46.

II. DISMISSING AN APPEAL FOR IRREGULARITY,

§§ 1248-9.

III. ARGUMENT OF THE APPEAL, §§ 1252-5.

IV. JUDGMENT UPON APPEAL, §§ 1258-65.

CHAPTER I.

APPEALS, WHEN ALLOWED AND HOW TAKEN, AND THE

EFFECT THEREOF.

§ 1235. Appeal, by whom taken, on questions of law alone.

§ 1236. Parties, how designated on appeal.

§ 1237.

Appeal, when may be taken by the defendant.

§ 1246. Duty of clerks upon appeal.

1235. 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. P

Appeal, when allowed.-The Supreme Court, under the Constitu tion, had jurisdiction on questions of law alone-55 Cal. 185. An appeal does not lie in cases of misdemeanor-53 Cal. 427. An appeal lies from a judgment for contempt, when the fine is for three hundred dollars-47 Čal. 109. A question of law is where the verdict is complained of as being contrary to the evidence, when there is no evidence to sustain the charge, not when there is evidence tending to prove it 55 Cal. 185. If an appeal has been given in all cases within the jurisdiction of the court, and afterward its jurisdiction is extended to new cases, an appeal will lie in those new cases-4 Mass. 462.

1236. The party appealing is known as the appellant, and the adverse party as the respondent, but the title of the action is not changed in consequence of the appeal. 1237. An appeal may be taken by the defendant: 1. From a final judgment of conviction.

2. From an order denying a motion for a new trial. 3. From an order made after judgment, affecting the substantial rights of the party.

In what cases defendant may take.-When the action of the court is manifestly erroneous under any and every conceivable state of the