People v. Lamboray

This is an appeal from an order denying a motion of the defendant for a new trial upon newly-discovered evidence as provided for in section 465, subdivision 7, of the Code of Criminal Procedure. This motion was denied on March 2, 1934, on the ground that the magistrate was without jurisdiction to entertain the same. On December 12, 1932, the defendant, after summary trial in the Magistrate’s Court, was convicted of disorderly conduct and sentence was suspended. The Magistrates’ Courts and the magistrates sitting therein being only creation of legislative enactments have only such powers as…