People v. Peralta

Full title: THE PEOPLE, Respondents, v. DOMINGO PERALTA, Appellant

Court: Supreme Court of California

Date published: Oct 1, 1853

3 Cal. 379 (Cal. 1853)

Opinion

3 Cal. 379 THE PEOPLE, Respondents, v. DOMINGO PERALTA, Appellant Supreme Court of California October, 1853

         Appeal from the District Court of the Seventh Judicial District.

         JUDGES: Per Murray, Chief Justice, Heydenfeldt, Justice, concurring.

         OPINION

          MURRAY, Judge

         The defendant was convicted of an assault and battery in the Court of Sessions. He appealed to the District Court, where the judgment was affirmed.

         We have decided at this term, in Caulfield v. Hudson, post 389, that the District Court has no appellate power. It was therefore error to take jurisdiction.

         The judgment of affirmance in the District Court is reversed, and the appeal from the Court of Sessions to the District Court is dismissed.

         Let the costs abide the final result.