Legal Opinion

In Re Evans

California Court of Appeal

Decided July 17, 1945No. Crim. 1916PublishedCited by 18 opinions

1Opinion of the CourtPeek, J.

The sole contention of petitioner is that his confinement in the State Prison at Folsom, which is predicated upon a plea of guilty to a charge of grand theft, is unlawful in that at no time did he personally enter such a plea, and that therefore the trial court was without jurisdiction to proceed to judgment and sentence against him.

In support of his contention petitioner has filed herein a transcript of the proceedings at the time of pronouncing sentence, a portion of which reads as follows:

‘‘ The above entitled matter coming on for hearing at 2:00 o’clock P. M., on Monday, May 29,1944, in…

2Cases cited3 opinions

  1. Miller & Lux Inc. v. SecaraCalifornia Supreme Court · 1924
  2. In Re BrainCalifornia Court of Appeal · 1924
  3. People v. LitchmanCalifornia Court of Appeal · 1936

3Cited by18 opinions

  1. People v. HawthorneCalifornia Supreme Court · 1992
  2. People v. SmithCalifornia Supreme Court · 1983
  3. People v. WashingtonCalifornia Court of Appeal · 1949
  4. People v. HymesCalifornia Court of Appeal · 1958
  5. In Re De Beau Carr Ex Rel. SteveCalifornia Court of Appeal · 1946

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