Legal Opinion · Concurrence

Sekt v. Superior Court

California Supreme Court

Decided April 3, 1944No. S. F. 16943Published

1ConcurrenceSchauer, J.

I concur. The essential jurisdictional step in taking an appeal to the superior court is the filing of a notice of appeal within the time limited (rule 2, Criminal Appeals to the Superior Court*) but the record shall not be transmitted to the superior court unless and until it is settled as provided by the rules (rules 3 and 8, Criminal Appeals to the Superior Court*). The filing of the notice of appeal with the trial court within the time prescribed is jurisdictional and, even though the notice of appeal is filed in time, the appellant may lose his right to have the record transmitted to the…

2Cases cited1 opinion

  1. People v. CarpenterAppellate Division of the Superior Court of California · 1939

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