Legal Opinion

People v. Brittain

California Supreme Court

Decided January 22, 1904No. Crim. No. 1071PublishedCited by 45 opinions

APPEAL from a judgment of the Superior Court of Sonoma County and from an order denying a new trial. Carroll Cook, Judge presiding. The facts are stated in the opinion.

1Opinion of the Court

CHIPMAN, C.

Information charging defendants with the crime of burglary and a prior conviction of petit larceny. They were tried together, and found guilty. They appealed from the judgment of conviction and from the order denying their motion for a new trial.

The attorney-general makes the point that the appeal from the order cannot be considered, and that the only questions that can be reviewed arise on the appeal from the judgment as shown in the bill of, exceptions.

1. We are disposed to treat the motion for a new trial as properly before us, and so will determine the principal point raised by…

2Cases cited4 opinions

  1. People v. BarryCalifornia Supreme Court · 1892
  2. State v. WatkinsNevada Supreme Court · 1876
  3. State v. GreenMontana Supreme Court · 1895
  4. State v. CarrollMontana Supreme Court · 1893

3Cited by45 opinions

  1. People v. GauzeCalifornia Supreme Court · 1975
  2. People v. SalemmeCalifornia Court of Appeal · 1992
  3. State v. LozierSupreme Court of Louisiana · 1979
  4. State v. KeysOregon Supreme Court · 1966
  5. People v. DeptulaCalifornia Supreme Court · 1962

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