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People v. Measor

Court of Appeal of California, Second District
Nov 23, 1912
20 Cal.App. 406 (Cal. Ct. App. 1912)

Summary

In People v. Meason, 20 Cal.App. 406 [ 129 P. 469], it appears that no notice whatever was given as contemplated by said section.

Summary of this case from People v. Mahach

Opinion

Crim. No. 262.

November 23, 1912.

APPEAL from a judgment of the Superior Court of Orange County. Z. B. West, Judge.

The facts are stated in the opinion of the court.

Henry W. Nisbet, and Dick Foye Harding, for Appellant.

U.S. Webb, Attorney-General, and George Beebe, Deputy Attorney-General, for Respondent.


At the calling of the calendar for the October term, upon which calendar this cause appeared, attention of counsel for appellant was called to the fact that the record failed to disclose that notice had been given as required by section 1247 of the Penal Code, without which notice, by the provisions of said section, an appeal was ineffectual. It was then stated by counsel that such notice had been given, and a diminution of the record was suggested and permission given to the defendant to supplement her record with a copy of such notice. No oral argument was made, but counsel for defendant obtained ten days' time within which to file points and authorities in support of the appeal. No points and authorities have been filed; the defect in the record has not been cured; and, in addition, in order that injustice might not be done the defendant by reason of the neglect of her counsel, we have taken the trouble to examine the record and we find no prejudicial error therein. The judgment is, therefore, ordered affirmed.

James, J., and Shaw, J., concurred.


Summaries of

People v. Measor

Court of Appeal of California, Second District
Nov 23, 1912
20 Cal.App. 406 (Cal. Ct. App. 1912)

In People v. Meason, 20 Cal.App. 406 [ 129 P. 469], it appears that no notice whatever was given as contemplated by said section.

Summary of this case from People v. Mahach
Case details for

People v. Measor

Case Details

Full title:THE PEOPLE, Respondent, v. KATE MEASOR, Appellant

Court:Court of Appeal of California, Second District

Date published: Nov 23, 1912

Citations

20 Cal.App. 406 (Cal. Ct. App. 1912)
129 P. 469

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