People v. Ballard
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.
1Opinion of the CourtHall, J.
This is an appeal from a judgment against defendant, and the order denying defendant’s motion for a new trial.
Defendant upon a previous trial was convicted, and upon appeal from the judgment and order denying his motion for a new trial this court reversed the judgment, but failed to expressly or in terms dispose of the appeal from the order denying the motion for a new trial. Neither did this court upon the former appeal expressly order a new trial nor direct the discharge from custody of the defendant. (Pen. Code, sec. 1262; People v. Ballard, 1 Cal. App. 222, [81 Pac. 1040].)
Upon the…
2Cases cited3 opinions
- People v. HardissonCalifornia Supreme Court · 1882
- Ex Parte BallardCalifornia Supreme Court · 1906
- People v. BallardCalifornia Court of Appeal · 1905
3Cited by2 opinions
- State v. SlaterIdaho Supreme Court · 1952
- Anderson v. StateCourt of Criminal Appeals of Oklahoma · 1943