Legal Opinion

People v. Morine

California Supreme Court

Decided July 1, 1880No. 10,438PublishedCited by 8 opinions

Appeal from a judgment for the plaintiff, and an order denying a motion for a new trial, in the Tenth District Court, County of Colusa. Keyseb, J. The facts are stated in the opinion.

1Opinion of the Court

Department No. 1, McKinstry, J.:

The first point of appellant’s counsel is stated as follows: “ The District Attorney offered in evidence a deposition, or what purported to be a deposition, consisting of what was claimed to be the testimony of A. J. Pitts, taken before a Justice of the Peace—the committing magistrate. The deposition was not certified by the magistrate as required by § 869 of the Penal Code, nor does it appear to have been taken in the presence of the defendant. The defendant objected to the deposition upon several grounds; among others, that it was not talcen in the presence…

2Cases cited1 opinion

  1. Williams v. ChadbourneCalifornia Supreme Court · 1856

3Cited by8 opinions

  1. People v. BuckleyCalifornia Supreme Court · 1904
  2. People v. LewandowskiCalifornia Supreme Court · 1904
  3. People v. WardCalifornia Supreme Court · 1895
  4. Ryan v. PeopleSupreme Court of Colorado · 1895
  5. People v. RileyCalifornia Supreme Court · 1888

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