People v. Finerty
California Court of Appeal
APPEAL from a judgment of the Superior Court of the County of Fresno, and from an order denying a new trial. H. Z. Austin, Judge. . The facts are stated in the opinion of the court.
1Opinion of the CourtKerrigan, J.
The defendant was by information charged with robbery jointly with one Charles Washburn. He was tried separately, convicted and sentenced to fifty years in the penitentiary. This appeal is from the judgment and from an order denying his motion for a new trial.
The record herein does not show that the notice of appeal was served on the attorney for the respondent; and as no effort has been made to show that there was in fact service, we must conclude that it was not made, and the appeal must therefore be dismissed.
Section 1240 of the Penal Code is as follows: “An appeal is taken by filing with…
2Cases cited5 opinions
- People v. PhillipsCalifornia Supreme Court · 1872
- People v. BrownCalifornia Supreme Court · 1906
- People v. ClarkCalifornia Supreme Court · 1875
- People v. BellCalifornia Supreme Court · 1886
- People v. ColonCalifornia Supreme Court · 1898