Legal Opinion

People v. Giesea

California Supreme Court

Decided April 27, 1883PublishedCited by 16 opinions

Appeal from an order of the Superior Court of Kern County, discharging defendant and dismissing the action against him. The facts are stated in the opinion of the .court.

1Per curiam

This is an appeal from an order dismissing the cause and discharging the defendant.

The indictment in this cause was demurred to and the demurrer was sustained. On appeal by the people to this court, this ruling ivas reversed with directions to overrule the demurrer. On the return of the remittitur, the court fixed a day for the trial of the defendant, and against his objection, more than sixty days after the remittitur was filed. Thereupon the defendant, under section 1382 of the Penal Code, claimed his discharge, and that the case should be dismissed. The court below so ruled and made an…

2Cited by16 opinions

  1. In Re AlpineCalifornia Supreme Court · 1928
  2. Sykes v. Superior CourtCalifornia Supreme Court · 1973
  3. State v. CampbellSupreme Court of Kansas · 1906
  4. People v. Den UylMichigan Supreme Court · 1948
  5. Ex Parte Clyde MeadowsCourt of Criminal Appeals of Oklahoma · 1941

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