Legal Opinion

People v. Dyer

California Court of Appeal

Decided January 29, 1915No. Crim. No. 367PublishedCited by 2 opinions

APPEAL from a judgment of the Superior Court of Orange County and from an order denying a new trial. Benjamin F. Bledsoe, Judge presiding. The facts are stated in the opinion of the court.

1Opinion of the CourtJames, J.

Defendant was convicted of the crime of rape. There was a judgment of imprisonment and an order denying a motion for a new trial. The appeal is taken from the judgment and from the order.

But two principal propositions are presented for consideration in determining the merits of the appeal. It is first contended that the court erred in denying defendant’s motion to dismiss the information and discharge the defendant from custody because he had not been brought to trial within sixty days after the date of a mistrial which had theretofore occurred. The point is urged in reliance upon section…

2Cited by2 opinions

  1. Imperial Land Co. v. Imperial Irr. Dist.California Supreme Court · 1916
  2. In Re BathurstCalifornia Court of Appeal · 1929

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