Legal Opinion · Concurrence

People v. Soto

California Court of Appeal

Decided May 29, 1908No. Crim. No. 83Published

APPLICATION for writ of prohibition to the judge of the Superior Court of San Luis Obispo County. E. P. XJhangst, Judge. The facts are stated in the opinion of the court. Albert Nelson, District Attorney, for the People, Plaintiff and Petitioner.

1Concurrence

SHAW, J., Concurring.

I concur in the judgment, but cannot assent to all that is said in the foregoing opinion by Hr. Justice Taggart.

Under the provisions of section 1171 of the Penal Code, the defendant should have presented the draft of his bill of exceptions to the judge for settlement within ten days after judgment, or within such extension of time ordered by the trial judge in accordance with the provisions of section 1174 of the Penal Code. The bill was not presented within the time specified in section 1171, supra, nor was any legal order made prior to the expiration of the ten days…

2Cases cited8 opinions

  1. Schwerdtle v. County of PlacerCalifornia Supreme Court · 1895
  2. Lindley v. Superior CourtCalifornia Supreme Court · 1903
  3. Cameron v. Arcata & Mad River RailroadCalifornia Supreme Court · 1900
  4. Higgins v. Los Angeles Railway Co.California Court of Appeal · 1907
  5. Hayes v. Board of TrusteesCalifornia Court of Appeal · 1907

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