INJUNCTION AGAINST EXECUTION OF CRIMINAL JUDGMENT

Authors

Abstract

Sometime in 1921 or 1922 one Ullah Mohammed, an Afghan, unable to speak or understand English, was convicted of murder in the first degree in the Sonoma county court, of California. The evidence showed that he entered deceased's bed-room, fired a shot-gun at him, clubbed him over the head, and then cut his throat with a razor. An appeal was taken on the instructions as to self-defense and was summarily overruled. People v. Mohammed, 189 Cal. 429. Later a bill was filed in the superior court of San Francisco for an injunction to prevent Mohammed's execution. It was alleged that his supposed friends who had secured his lawyer and acted as his interpreters had themselves been the murderers and had "framed" him. The superior court granted a preliminary injunction. 11 CAL. L. Rev. 279, SAN FRANCISCO RECORDER, March 1, 1923. A writ of prohibition was, however, secured from the supreme court. It was not issued on the merits, but on the proposition that equity should not and could not interfere in this case. State v. Superior Court (Cal. 1923) 213 Pac. 945.

Recommended Citation

INJUNCTION AGAINST EXECUTION OF CRIMINAL JUDGMENT, 23 Mich. L. Rev. 57 (1924).
Available at: https://repository.law.umich.edu/mlr/vol23/iss1/6