People v. McDermott
California Supreme Court
Motion in the Supreme Court to recall a remittitur and 'reinstate an appeal. The facts are stated in the opinion of the court.
1Opinion of the CourtBeatty, C. J.
This is a motion to recall the remit titur and reinstate the appeal in a cause wherein the judgment was affirmed without examination of the record by reason of the failure of counsel for appellant to file a brief or to appear at the time set for the hearing. The facts of the case are as follows: February 18, 1892, defendant was convicted in the superior court of Ventura County of murder in the second degree; on February 23d he appealed; March 30th he filed the printed transcript of the record at Los Angeles, — five days before the commencement of the April term at Los Angeles and thirty-three…
2Cases cited4 opinions
- Rowland v. KreyenhagenCalifornia Supreme Court · 1864
- Hanson v. McCueCalifornia Supreme Court · 1872
- Vance v. PeñaCalifornia Supreme Court · 1868
- People v. SpragueCalifornia Supreme Court · 1880
3Cited by9 opinions
- Edelman v. CaliforniaSupreme Court of the United States · 1953
- Isenberg v. ShermanCalifornia Supreme Court · 1932
- Philbrook v. NewmanCalifornia Supreme Court · 1905
- People v. MeasorCalifornia Court of Appeal · 1912
- Edelman v. CaliforniaSupreme Court of the United States · 1953
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