People v. Johnson
California Supreme Court
Appeal from the County Court of Alpine County. The defendant, W. A. Johnson, was arrested and tried before a Justice of the Peace for having unlawfully demanded and received from one S. Gr. Lewis, the sum of fifty cents as toll for the privilege of passing through a gate wrongfully erected on a road leading from Mount Bullion to the Town of Monitor, without having a license therefor, and without any right or authority.
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Appeal from the County Court of Alpine County. The defendant, W. A. Johnson, was arrested and tried before a Justice of the Peace for having unlawfully demanded and received from one S. Gr. Lewis, the sum of fifty cents as toll for the privilege of passing through a gate wrongfully erected on a road leading from Mount Bullion to the Town of Monitor, without having a license therefor, and without any right or authority. The defendant was convicted and fined one hundred dollars, and appealed from the judgment to the County Court, where the judgment of the Justice was affirmed. The defendant…
1Opinion of the Court
By the Court, Sanderson, J.:
This is a criminal action for an alleged misdemeanor in ‘which no question as to the jurisdiction of the Court below is made. In such a case this Court has no jurisdiction either on appeal or writ of error or certiorari. That our appellate jurisdiction in criminal cases is confined to felonies and does not embrace offenses of a lesser grade is not an open question. It has been so held from the commencement without a dissenting voice. (People v. Applegate, 5 Cal. 295; People v. Vick, 7 Cal. 165; People v. Shear, 7 Cal. 139; People v. Fowler, 9 Cal. 86; People v.…
2Cases cited7 opinions
- People v. WarCalifornia Supreme Court · 1862
- People v. CornellCalifornia Supreme Court · 1860
- People v. ApplegateCalifornia Supreme Court · 1855
- People v. BurneyCalifornia Supreme Court · 1866
- People v. ShearCalifornia Supreme Court · 1857
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3Cited by6 opinions
- Clements v. T. R. Bechtel Co.California Supreme Court · 1954
- Phillips v. WelchNevada Supreme Court · 1877
- Smith v. SchultzCalifornia Supreme Court · 1891
- Wheeler v. DonnellCalifornia Supreme Court · 1896
- People v. Pacific Gas & Electric Co.California Supreme Court · 1914
1 more not listed; retrieve them via the Exa API.