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Legal Opinion

People v. Apple

California Court of Appeal

Decided March 18, 1922No. Crim. No. 605PublishedCited by 9 opinions

The facts are stated in the opinion of the court.

1Opinion of the CourtHart, J.

The defendant was indicted by the grand jury of Tehama County for the crime of felony embezzlement. The defendant demurred to the indictment on the ground, among others, that the facts therein stated do not show the crime of embezzlement or the commission of any offense, and the court sustained the demurrer.

The district attorney appeals from the order sustaining the demurrer.

The defendant has moved to dismiss the appeal on the ground that the same was not taken within the time prescribed by law.

Section 1240 of the Penal Code provides: “An appeal may be taken by the people by announcing in…

2Cases cited3 opinions

  1. People v. JordanCalifornia Supreme Court · 1884
  2. People v. AnthonyCalifornia Court of Appeal · 1912
  3. People v. Ah OwnCalifornia Supreme Court · 1870

3Cited by9 opinions

  1. People v. DobbsCalifornia Court of Appeal · 1945
  2. People v. DraperAppellate Division of the Superior Court of California · 1933
  3. Williams v. Superior CourtAppellate Division of the Superior Court of California · 2003
  4. People v. RyanCalifornia Court of Appeal · 1922
  5. People v. Shell Oil Co.California Court of Appeal · 1932

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