Legal Opinion

People v. Behrmann

California Supreme Court

Decided November 22, 1949No. Crim. 5004PublishedCited by 26 opinions

1Opinion of the CourtSchauer, J.

The principal question in this case is whether an orally given notice of appeal from judgments of conviction of felony and from an order denying defendant’s motion for new trial is effective to perfect an appeal. We have concluded that it is not and that, since no written notice *461of appeal signed by defendant or his attorney* was filed within 10 days after making of the order and rendition of the judgments, as required by rule 31 of the Rules on Appeal, the purported appeal must be dismissed.

Rule 31 (22 Cal.2d 22) provides, “In the cases provided by law, an appeal may be taken by filing a…

2Cases cited15 opinions

  1. Cox v. Tyrone Power Enterprises Inc.California Court of Appeal · 1942
  2. In Re HorowitzCalifornia Supreme Court · 1949
  3. People v. SidwellCalifornia Supreme Court · 1945
  4. People v. LewisCalifornia Supreme Court · 1933
  5. People v. McAllisterCalifornia Supreme Court · 1940

10 more not listed; retrieve them via the Exa API.

3Cited by26 opinions

  1. In Re BenoitCalifornia Supreme Court · 1973
  2. In re WimbsCalifornia Supreme Court · 1966
  3. People v. MartinCalifornia Supreme Court · 1963
  4. People v. RoeCalifornia Court of Appeal · 1983
  5. People v. SmithCalifornia Court of Appeal · 1977

21 more not listed; retrieve them via the Exa API.

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