People v. Schmitz
California Court of Appeal
APPEAL from a judgment of the Superior Court of the . City and County of San Francisco, and from an order denying a new trial. Frank H. Dunne, Judge. The facts are stated in the opinion of the court. Campbell, Metson & Drew, John J. Barrett, and Chas. H. Fairall, for Appellant. The order of service and filing of the notice of appeal on the same day is immaterial, the law disregarding fraction of a day.
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APPEAL from a judgment of the Superior Court of the . City and County of San Francisco, and from an order denying a new trial. Frank H. Dunne, Judge. The facts are stated in the opinion of the court. Campbell, Metson & Drew, John J. Barrett, and Chas. H. Fairall, for Appellant. The order of service and filing of the notice of appeal on the same day is immaterial, the law disregarding fraction of a day. (2 Hayne’s New Trial and Appeal, 631 ; Hastings v. Halleck, 10 Cal. 32 ; Buffendeau v. Edmondson, 24 Cal. 94 ; Warner v. Holman, 24 Cal. 228 ; Wright v. Ross, 26 Cal. 263 ; Boston v. Haynes, 31…
1Opinion of the CourtCooper, P. J.
Defendant was tried and convicted of the crime of extortion. After the verdict of the jury, on July 8, 1907, he made a motion for a new trial, which was denied, and thereupon the court pronounced judgment, sentencing him to the state prison for the term of five years. Thereafter, on the same day, the defendant served upon the district attorney a notice of appeal from the judgment and from the order denying the motion for a new trial, and then immediately filed the same with the clerk.
1. The district attorney moves to dismiss the appeal in this court upon two grounds: First, that the notice…
2Cases cited49 opinions
- People v. DurrantCalifornia Supreme Court · 1897
- Carew v. RutherfordMassachusetts Supreme Judicial Court · 1870
- People v. GallagherCalifornia Supreme Court · 1893
- People v. ScogginsCalifornia Supreme Court · 1869
- Boyson v. ThornCalifornia Supreme Court · 1893
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3Cited by57 opinions
- J. F. Parkinson Co. v. Building Trades CouncilCalifornia Supreme Court · 1908
- People v. NakisCalifornia Supreme Court · 1920
- People v. RuefCalifornia Court of Appeal · 1910
- People v. BeggsCalifornia Supreme Court · 1918
- Philippine Export & Foreign Loan Guarantee Corp. v. ChuidianCalifornia Court of Appeal · 1990
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