Legal Opinion

People v. Whelan

California Supreme Court

Decided July 12, 1897No. Crim. No. 278PublishedCited by 2 opinions

Appeal from a judgment of the Superior Court of Sonoma County and from orders denying a new trial, and denying a motion in arrest of judgment. Albert G. Burnett, Judge. The defendant was accused of the crime of obtaining money from Frederick T. Brown under false pretenses. Brown was the only witness who testified directly to the false pretenses. Further facts are stated in the opinion of the court.

1Opinion of the CourtVan Fleet, J.

Defendant was convicted of obtaining money under false pretenses, and appeals from the judgment and from orders denying a new trial and refusing to arrest the judgment.

Defendant demurred to an information filed against him, and the demurrer was sustained, but the court being of the opinion that the defects could be cured, directed that a new information be filed, as provided by section 1008 of the Penal Code. Instead of filing such new information, the district attorney laid the charge before the grand jury and procured an indictment against defendant for the offense.

Conceding, as contended,…

2Cases cited1 opinion

  1. People v. BarkerCalifornia Supreme Court · 1896

3Cited by2 opinions

  1. People v. AmmermanCalifornia Supreme Court · 1897
  2. People v. PratherCalifornia Supreme Court · 1901

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