People v. Woods
California Supreme Court
Appeal from a judgment of the Superior Court of the city and county of San Francisco, and from an order denying a new trial.
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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. The defendant was convicted of grand larceny on November 13, 1883. The superior court granted a new trial on November 20, 1883, which order was reversed on March 22,1884, by the supreme court, whose opinion is reported in 65 Cal. 121. On December 15, 1886, the defendant was allowed to withdraw her former plea of not guilty and to substitute a plea of guilty of petit larceny, and sentenced to pay a fine of one hundred dollars, the court being deceived and misled in the…
1Opinion of the Court
Foote, C.
This appeal is from a judgment of conviction of a felony, and an order denying a new trial.
The defendant was indicted for grand larceny, and convicted as charged; the trial judge then granted a motion for a new trial; an appeal was taken from the order made in that behalf, and the appellate court reversed the order. Upon the going down of the remittitur, the only duty to be performed by the trial court was to render judgment upomthe verdict; instead of doing this, that tribunal was deceived into the belief that the appellate court, instead of reversing an order granting a new trial,…
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