People v. Varnum
California Supreme Court
Appeal from the District Court of the Fourteenth Judicial District, Placer County. The defendant was convicted of the crime of murder. He moved for a new trial, which was denied, and he then appealed from the judgment and from the order denying the new trial. The other facts are stated in the opinion.
1Opinion of the Court
By the Court :
The appeal from the order denying the new trial having been taken more than sixty days after the order was made, must be dismissed. (Penal Code, sec. 1239.)
The defendant, in addition to the plea of not guilty, pleaded a former acquittal. On the trial he introduced in evidence an indictment found against him for the same offense, and an order made by the District Court setting aside the indictment and sub*631mitting the case to another grand jury. The prosecution introduced in evidence a notice and motion to set aside the indictment, on the ground that the grand jury had not been…
2Cited by8 opinions
- People v. AmmermanCalifornia Supreme Court · 1897
- People v. WalkerCalifornia Supreme Court · 1901
- People v. Ah ChungCalifornia Supreme Court · 1880
- United States v. CampIdaho Supreme Court · 1886
- People v. NelsonCalifornia Court of Appeal · 1924
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