Bisbee daily review., 1915-09-25
HIGH COURT REBUKES
OFFICERS WHO BLOCK
CAPITAL PUNISHMENT
Decision Of Supreme Bench in
ViIlalObOS Case Cantains
Scathing Arguments Against
Those Failing 10 Enforce Law.

The supreme courts decision in tn,
matter of the appeal from a judge
ment rendered by Judge J. E. O'Con
nor in Pinal county in the case Of
Ramon Villalobo. convicted OF muir
der in the FIRST degree, is as follows:
Ramon Villalobo was convicted OF
the crime Of murder in the first de
gree. The jury selected to try the
case, after hearing the evidence pro.
duced and the law as given by the
court pronounced him guilty. and, in
the exercise ct the discretion vested
in the jury by the law of this state,
said that the said Villalobo shall suf-
fer death as the punishment for his
crime In accordance with the YER
dict the trial court rendered its judg-
ment, and sentenced the prisoner to
suffer the death penalty. This pre-
tended appeal is from the final iudg-
ment Of conviction. The law of this
state provides that an appeal in such
cases must be taken within sixty days
after the rendition of such Judgment.
The record here presented shows that
no effort was made to take an appeal
until more than seven months had
elapsed after said final judgment Of
conviction.
THE right to appeal is purely
creature of the statute. and where an
appeal is not taken within the time
prescribed by the law, this court. Of
course. acquires no jurisdiction, and
the judgment of the lower court be-
comes final and conclusive. This is
so wei understood by both the bench
and bar that it is a waste of words to
repeat such a statement of the law.
1t is urged however that in view OF
paragraph 1864 of the penal code. no
appeal to the supreme court shall be
dismissed If sufficient matter OF sub
stance be contained in the record TO
enable this court to decide the case
on its merits.
The answer to this is that there
Is no appeal here but merely a pre-
ended appeal
1T is perfectly clear. and must be
well understood. that the salutarv pro.
visions of the paragraph referred to
IAN be applied to such cases only
wherein this court has obtained iuris- (
fiction by an appeal duly and regular. |
y taken as the law directs. The gray /
ny OF the oncnse and the severely /
If the punishment imposed by the law /
nay not obtain to extend by a forced /
obstruction the right of appeal be-
'ond the period specified. and thus
gnore the explicit directions of the
tatute
'That the death penalty shall or
laii not remain in this state as
punishment for the crime of murder
for the legislative branch of the
.oyernment TO determine. But under
ne oath of office taken by the Judges
he courts must support the law and
minister the same as it exists. The
ontention urged has no merit and is
nurely frivolous.
IL appearing that the Judgment of
cath has not been executed. and that
he time fixed therefor has passed. il
'hl become the duty of the superior
curt on application Of the county at.
'rney to proceed under the proyis.
ms OF paragraph 1147 of the penal
ode and specify such time for the
Necution Of such judgment as to said
ourt may seem meet and proper.
We have no jurisdiction but to dis
Mss the pretended appeal, and it is
D ordered"