People v. Cabannes
California Supreme Court
Appeal from the Twelfth Judicial District. The complaint in this action sets forth that on the nineteenth day of April, 1861, Thomas McNabb and three others were tried in a Justice’s Court in San Mateo county, for the offense of “ fraudulent and malicious mischief,” and a verdict of “ guilty ” rendered against them by the jury; that upon the verdict, the Justice entered a judgment “ that said defendants each pay a fine of one hundred dollars, and that in default of such…
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Appeal from the Twelfth Judicial District. The complaint in this action sets forth that on the nineteenth day of April, 1861, Thomas McNabb and three others were tried in a Justice’s Court in San Mateo county, for the offense of “ fraudulent and malicious mischief,” and a verdict of “ guilty ” rendered against them by the jury; that upon the verdict, the Justice entered a judgment “ that said defendants each pay a fine of one hundred dollars, and that in default of such payment the said defendants be imprisoned in the county jail of said county of San Mateo for the period and term of fifty…
1Opinion of the CourtCope, J.
This is an action upon a paper purporting to be an appeal bond in a criminal case. The Criminal Practice Act does not require a bond on appeal, and we regard the paper in question as of .no force or effect. The provisions relied on to sustain it are those relating to bail, but an examination of these provisions will show that a different security is contemplated. The case was tried before a Justice of the Peace, and a judgment rendered imposing a fine, and in default of payment, imprisonment in the county jail. The bond recites a money judgment, and binds the sureties for its payment; setting…
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