Are matter of right.] All appeals, provided for in this chapter, may be taken as a matter of right. (§ 520.) 4. When, and how, to be taken; notice of. Within what time.] An appeal must be taken within one year after the judgment was rendered. (§ 521.) Mode of taking.] An appeal must be taken, by the service of a notice in writing on the clerk with whom the judgment roll is filed, stating that the appellant appeals from the judgment. (§ 522.) If the appeal be taken by the defendant a similar notice must be served on the district attorney of the county in which the original judgment was rendered. (§ 523.) If it be taken by the people, a similar notice must be served on the defendant, if he be a resident of, or imprisoned in the city or county; or if not, on the counsel, if any, who appeared for him on the trial, if he reside or transact his buisness in the county. If the service can not, after due diligence, be made, the appellate court, upon proof thereof, may make an order for the publication of the notice, in such newspaper, and for such time as it deems proper. (§ 524.) 5. When perfected. At the expiration of the time appointed for the publication, on filing an affidavit of the publication, the appeal becomes perfected. (§ 525.) 6. Transmitting papers to appellate court. Upon the appeal being taken, the clerk, with whom the notice of appeal is filed, must, within ten days thereafter, without charge, transmit a copy of the notice of appeal and of the judgment roll, as follows: 1. If the appeal be to the supreme court, to the clerk of that court, where the next general term in the district is to be held. 2. If it be to the court of appeals, to the clerk of that court. (§ 532.) 7. Stay of proceedings. On appeal by people.] An appeal taken by the people, in no case stays or affects the operation of a judgment in favor of the defendant, until the judgment is reversed. (§ 526.) On appeal from conviction.] An appeal to the supreme court, from a judgment of conviction, or other determination from which an appeal can be taken, stays the execution of the judgment or determination, upon filing, with the notice of appeal, a certificate of the judge who presided at the trial, or of a judge of the supreme court, that in his opinion there is reasonable doubt whether the judg ment should stand, but not otherwise, except that when the judgment is of death, the appeal stays the execution, of course, until the determination of the appeal. And the appellate court may order a new trial if it be satisfied that the verdict against the prisoner was against the weight of evidence, or against law, or that justice requires a new trial; whether any exception shall have been taken or not, in the court below. (§ 527, as amended in 1882.) Under what circumstances stay should be granted. Sullivan v. Peo., 1 Park., 347; Peo. v. Hendrickson, Ib., 396; Peo. v. Lohman, 2 Barb., 450; Peo. v. Folmsbee, 60 Ib., 480; Peo. v. O'Reilly, 61 How. Pr., 8, 15. On appeal from affirmance of conviction.] An appeal to the court of appeals, from a judgment of the supreme court, affirming a judgment of conviction, stays the execution of the judgment appealed from, upon filing, with the notice of appeal, a certificate of a judge of the court of appeals, or of the supreme court, that, in his opinion, there is reasonable doubt whether the judgment should stand, but not otherwise. Except that when the judgment is of death, the appeal stays the execution, of course, until the determination of the appeal. (§ 528, as amended in 1882.) Stay to be granted only on notice.] The certificate mentioned in the last two sections can not, however, be granted upon an appeal on a conviction of felony, until such notice as the judge may prescribe, has been given to the district attorney of the county where the conviction was had, of the application for the certificate. But the judge may stay the execution of the judgment in the meantime. (§ 529.) Effect of the stay.] If the certificate, provided in sections 527 and 528 be given, the sheriff must, if the defendant be in his custody, upon being served with a copy of the order, keep the defendant in his custody, without executing the judgment, and detain him to abide the judgment upon the appeal. (§ 530.) If, before the granting of the certificate, the execution of the judgment have commenced, the further execution thereof is suspended, and the defendant must be restored by the officer in whose custody he is, to his original custody. (§ 531.) 8. To court of appeals. In what cases generally.] An appeal may be taken from the judg ment of the supreme court to the court of appeals, in the following cases, and no other: 1. From a judgment affirming or reversing a judgment of conviction; 2. From a judgment affirming or reversing a judgment for the defendant, on a demurrer to the indictment, or on an order of the court arresting the judgment. 3. From a final determination affecting the substantial right of a defendant. (§ 519.) Return to be filed with clerk.] Upon an appeal being taken to this court, the clerk with whom the notice of appeal is filed must, within ten days thereafter, transmit a copy of the notice of appeal and of the judgment roll, to the clerk of the court of appeals. (§ 532.) Stay of proceedings, upon appeal.] See §§ 528 to 531. Argument of appeal.] See §§ 536 to 541. 9. To supreme court. When defendant may appeal.] An appeal to the supreme court may be taken by the defendant, from the judgment on a conviction after indictment, and upon the appeal, any actual decision of the court in an intermediate order or proceeding forming a part of the judgment roll, as prescribed by section 485, may be reviewed. (§ 517.) The supreme court has no jurisdiction on appeal, except as given by statutes. Shufflin v. People, 4 Hun, 16. Stay of proceedings on appeal to.] See §§ 527, 529, 530, 531. Return, where to be sent.] On an appeal to the supreme court being taken, the clerk with whom the notice of appeal is filed, must, within ten days thereafter, transmit a copy of the notice of appeal and of the judgment-roll, to the clerk of that court, where the next general term in the district is to be held. (§ 532.) From court of sessions, affirming conviction in special sessions.] If the judgment of the court of sessions, on such an appeal, be against the defendant, he may appeal therefrom to the supreme court, in the same manner as from a judgment in an action prosecuted by indictment, and may be admitted to bail upon the appeal, in like manner. (§ 770.) Judgment.] The judgment of the supreme court, upon the appeal, is final. (§ 771.) The same proceedings must be had, to carry into effect the judgment of the supreme court upon the appeal, as if it had been taken upon a judgment in an action prosecuted by indictment. (§ 772.) Argument of appeal, in.] See id., § 535. CHAPTER II. DISMISSING. For irregularity.] If the appeal be irregular in a substantial particular, but not otherwise, the court may, on any day in term, on motion of the respondent, upon five days' notice, served with copies of the papers on which the motion is founded, order it to be dismissed. (Code Cr. Pro., § 533.) For want of return.] The court may also, upon like motion, dismiss the appeal, if the return be not made, as provided in section 532, unless, for good cause, they enlarge the time for that purpose. (§ 534.) 830 CHAPTER III. ARGUMENT OF. In supreme court.] An appeal to the supreme court may be brought to argument by either party, on ten days' notice, on any day, at a general term held in the district in which the original judg ment was given. (Code Cr. Pro., § 535.) Appeals and other proceedings in a criminal cause are entitled to preference. (Code of Civil Pro., § 790.) May be heard on any day in term. (Sup. Ct., Rule 43. See Barron v. Peo., 1 Barb., 136.) In court of appeals.] An appeal to the court of appeals may, in the same manner, be brought to argument by either party, on any day in term. (§ 536.) Notice of argument.] If a counsel, within five days after the appeal, have given notice to the district attorney, that he appears for the defendant, notice of argument must be served on him, instead of the defendant; otherwise, notice must be served as the court may direct. (§ 537.) Papers upon.] When the appeal is called for argument, the appellant must furnish the court with copies of the notice of appeal and judgment roll. If he fail to do so, the appeal must be dismissed, unless the court otherwise direct. (§ 538.) When argument necessary.] Judgment of affirmance must be given, without argument, if the appellant fail to appear. But judgment of reversal can only be given upon argument, though the respondent fail to appear. (§ 539.) See Rule 15, Ct. App.; Barron v. Peo., 1 Barb., 136. Counsel.] Upon the argument of the appeal, if the crime be punishable with death, two counsel on each side must be heard if they require it. In any other case, the court may, in its discretion, restrict the argument to one counsel on each side. The counsel for the defendant is entitled to the closing argument. (§ 540.) Presence of defendant.] The defendant need not personally appear in the appellate court. (§ 541.) |