Opinion
Criminal No. 698.
Filed February 24, 1930.
CRIMINAL LAW — ONE CONVICTED OF GAMBLING IN VIOLATION OF CITY ORDINANCE IN SUPERIOR COURT AFTER APPEAL FROM POLICE COURT CANNOT APPEAL TO SUPREME COURT (REV. CODE 1928, § 5137). — No appeal lies to Supreme Court, under Penal Code of 1913, section 1156 (Rev. Code 1928, § 5137), from conviction of gambling in violation of city ordinance on trial de novo in superior court after appeal from police court.
See Criminal Law, 17 C.J., sec. 3308, p. 38, n. 97.
APPEAL from a judgment of the Superior Court of the County of Maricopa. J.E. Jones, Judge. Appeal dismissed.
Mr. Herman Lewkowitz, for Appellant.
The Attorney General, for the State.
This case originated in the police court of the city of Phoenix, the appellant being charged with the misdemeanor of gambling in violation of a city ordinance. From a conviction in the police court, he appealed to the superior court of Maricopa county, and, upon a trial de novo, was again convicted. Not satisfied, he attempted to appeal to this court.
An inspection of the record convinces us the case does not fall within the exception permitting an appeal to the Supreme Court. Section 1156, Pen. Code 1913 (section 5137, Rev. Code 1928).
The appeal is dismissed.