People v. Mullaley
California Court of Appeal
APPEAL from a judgment of the Superior Court of Colusa County, and from an order denying a new trial. H. M. Albery, Judge. The facts are stated in the opinion of the court.
1Opinion of the CourtBurnett, J.
Defendant was convicted of the larceny of a yearling bull and sentenced to the penitentiary for the term of three years.
1. There is no merit in the contention that the court should have set aside the information for the reason that the complaint filed in the justice court was verified before a notary public. Every notary public has power to administer oaths or affirmations. (Code Civ. Proc., sec. 2093.) And, since the statute does not designate any particular officer before whom the complaint must be verified, it necessarily follows that the verification may be attested by anyone authorized…
2Cases cited9 opinions
- People v. BuckleyCalifornia Supreme Court · 1904
- Fuller v. ReedCalifornia Supreme Court · 1869
- People v. WittyCalifornia Supreme Court · 1903
- People v. PetruzoCalifornia Court of Appeal · 1910
- People v. BurnsCalifornia Supreme Court · 1898
4 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- B.W.L. Sam v. StateArizona Supreme Court · 1928
- Overton v. StateNevada Supreme Court · 1962
- People v. SheasbeyCalifornia Court of Appeal · 1927
- People v. SalazarCalifornia Court of Appeal · 1968
- Commonwealth v. HapeLuzerne County Court of Quarter Sessions · 1944
2 more not listed; retrieve them via the Exa API.