People v. Ah Own
California Supreme Court
Appeal from the County Court of El Dorado County. The respondents were indicted in the. County Court of El Dorado County. On the trial a demurrer to the indictment was sustained. From the order sustaining the demurrer this appeal is taken by the People. The other facts are stated in the opinion.
1Opinion of the CourtCeockett, J.
This is an appeal from an order sustaining a demurrer ■to an indictment for kidnapping. The order sustaining the demurrer is in the usual form; but no other or further order or judgment was entered, and the appeal is taken from this order, treating it as a final judgment or disposition of the case. The objection is urged that no appeal will lie from •an order sustaining a demurrer to an indictment; that'to ■entitle, the State to- an appeal, there must be a formal and final judgment; and it' is claimed that the order sustaining *607the demurrer, standing alone, cannot be deemed a final judgment,…
2Cited by8 opinions
- People v. DobbsCalifornia Court of Appeal · 1945
- People v. HillUtah Supreme Court · 1884
- People v. AppleCalifornia Court of Appeal · 1922
- People v. DraperAppellate Division of the Superior Court of California · 1933
- State v. GrahamUtah Supreme Court · 1901
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