People v. Bryant

1 Citing case

  1. People v. Bryant

    207 Cal. 450 (Cal. 1929)   Cited 14 times
    In People v. Bryant, 207 Cal. 450 [ 278 P. 1025], our Supreme Court stated (p. 452): "It is the policy of this court, of course, to hear appeals upon the merits and to avoid, if possible, all forfeiture of substantial rights upon technicalities," and in People v. Appellate Department, 8 Cal. (2d) 56, 60 [ 63 P.2d 812], the Supreme Court recognized, as we do, that the same policy governs this court.

    I dissent. This case was originally decided by this court January 15, 1929 (273 P. 795), and upon a rehearing granted, a majority of the court have joined in the above decision, which holds contrary to said original decision. Nothing said in the main opinion has caused me to depart from the views as set forth in said original decision and I, therefore, adopt so much of said decision as may be necessary to state the situation and the law applicable thereto: