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District Court of Appeal, Fourth District, California.


Cr. 286.

Decided: September 23, 1935

Dempster McKee, of San Diego, for petitioner.

This proceeding relates to the appeal in People v. Byers (Cal. App.) 49 P.(2d) 344. After an appeal was taken in that case, but before it was perfected, this application was filed seeking a stay of execution of the judgment during the pendency of the appeal. A temporary order was issued staying execution of the judgment until a hearing and decision on the application and until the further order of this court. Without formal hearing, the matter was continued and submitted with the appeal in People v. Byers. An opinion having been filed therein, the order staying execution issued herein is hereby vacated, set aside, and discharged.

BARNARD, Presiding Justice.

We concur: MARKS, J.; JENNINGS, J.

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