Chap. 34.—An ACT to Amend and Re-enact Sections 2, 3, and 4, of Chap-
tor 209 of Code of 1860, as heretofore Amended, as to Suspension of
Execution of Judgment and Writ of Error in Criminal Cases.

Approved January 14, 1871.

1. Be it enacted by the general assembly, That sections two,
three, and four, of chapter two hundred and nine of Code of
eighteen hundred and sixty, as amended and re-enacted by an
act entitled an act to revise and amend the criminal procedure,
passed April twenty-seventh, eighteen hundred and sixty-
seven, be amended and re-enacted so as to read as follows:

Ҥ 2. If a person, sentenced by a circuit, or corporation, or
hustings court to death, or confinement in the penitentiary,
ask for time to apply for a writ of error, the said court shall
postpone the execution of its sentence until a reasonable time
beyond the first day of the next term of the court of appeals,
not exceeding thirty days after that day, and a county court
shall, in like manner, suspend its judgment for the same pur-
pose. In any other criminal case, wherein judgment is given
by a circuit, or corporation, or hustings court, and in any case
of judgment for a contempt, to which a writ of error lies, the
court giving such judgment may postpone the. execution
thereof for such time and such terms as it deems proper.

Ҥ 3. A writ of error shall lie, in a criminal case, to the
judgment of a circuit, or a corporation, or hustings court from
the court of appeals; and to a judgment of a county court,
from tbe circuit court having jurisdiction over such county.
It shall lie in any such case for the accused ; and if the case be
for violation of a law relating to the revenue, it shall lie also
for the commonwealth.

Ҥ 4. To a judgment for a contempt of court, other than for
the non-performance of or disobedience to a judgment, de-
cree, or order, a writ of error shall lie, when the judgment is
of a county court, from the circuit court having jurisdiction
over such county; when it is of a circuit, or a corporation, or
hustings court, from the court of appeals.”

2. This-act shall be in force from its passage.