People v. Ah Yute
California Supreme Court
Appeal from a judgment of conviction, and from an order denying a new trial in the Superior Court of the City and County of San Francisco. Freelon, J.
1Opinion of the Court
McKee, J.:
It is urged that the appeal in this case should be dismissed because the record does not show when the notice of appeal was served. But it does show that the notice is dated May 18 th, *1201880 ; that it is indorsed filed on the same day; and that underneath this indorsement is the following: “ Service of the within is hereby admitted. D. L. Smoot, attorney for people.”
An appeal is taken by a defendant in a criminal case by filing- the notice of appeal with the clerk of the Court, and serving a copy thereof upon the attorney for the people. (§ 1240, Pen. Code.) The provisions of…
2Cases cited2 opinions
- Reeve v. KennedyCalifornia Supreme Court · 1872
- People v. Lee FatCalifornia Supreme Court · 1880
3Cited by22 opinions
- State v. Fong LoonIdaho Supreme Court · 1916
- People v. SchmitzCalifornia Court of Appeal · 1908
- Correa v. Superior CourtCalifornia Supreme Court · 2002
- Estate of FriedmanCalifornia Supreme Court · 1918
- People v. JohnCalifornia Supreme Court · 1902
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