Legal Opinion

People v. Henry

California Supreme Court

Decided December 8, 1888No. 20487PublishedCited by 30 opinions

Appeal from a judgment of the Superior Court of San Diego County, and from an order refusing an arrest of judgment. In opposition to the motion made by the defendant for a dismissal, on the ground that he had not been brought to trial within sixty days after the filing of the information, the district attorney filed an affidavit, from which it appeared that during the interval between the time when the defendant was arraigned and the time of his trial, the court had been…

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Appeal from a judgment of the Superior Court of San Diego County, and from an order refusing an arrest of judgment. In opposition to the motion made by the defendant for a dismissal, on the ground that he had not been brought to trial within sixty days after the filing of the information, the district attorney filed an affidavit, from which it appeared that during the interval between the time when the defendant was arraigned and the time of his trial, the court had been continuously engaged in the trial of other cases. The further facts are stated in the opinion of the court.

1Opinion of the Court

The Court.

On the second day of May, 1888, an information was filed against the defendant, charging that he, on a certain day prior to the filing of said information against him, had “ feloniously entered the house, room, apartment, tenement, shop, warehouse, store, and building of the San Diego and Coronado Water Company, with the intent then, there, and therein to commit larceny,” etc.

To this information the defendant, on the twenty-second day of May, 1888, demurred upon all the statutory grounds. On the same day the demurrer was overruled; the defendant excepted and pleaded not guilty. On…

2Cases cited4 opinions

  1. People v. SchwartzCalifornia Supreme Court · 1867
  2. People v. BogartCalifornia Supreme Court · 1868
  3. People v. CamiloCalifornia Supreme Court · 1886
  4. People v. MajorsCalifornia Supreme Court · 1884

3Cited by30 opinions

  1. People v. BencCalifornia Supreme Court · 1900
  2. State v. WatsonSupreme Court of Iowa · 1897
  3. People v. HarroldCalifornia Supreme Court · 1890
  4. People v. SansomeCalifornia Supreme Court · 1893
  5. State v. MissioTennessee Supreme Court · 1900

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