People v. Cornell

Curtís, J.

It is claimed by the District Attorney that by reason of the failure of the defendant to cause the affidavit mentioned in section 751 of the Code of Criminal Procedure to be served upon the Justice of the Peace, and also his failure to serve a copy upon the District Attorney,- the order admitting the defendant to bail should be vacated and the interrupted imprisonment of the defendant be completed.

The defendant’s counsel admits that the appeal has not been “ deemed taken ” as those words are used in section 751, but asks leave to cure the defect under section 524-a. The District…