People v. McKibben

California Court of Appeal May 11, 1939 No. Crim. No. 3211Published

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Holding. The court dismissed the defendant's appeal because no appearance was made on his behalf.

Issues

Whether an appeal should be dismissed under Penal Code section 1253 when the defendant fails to make an appearance.

Disposition. Appeal dismissed.

Quotations verified verbatim against the opinion

“This case comes before us on the motion of the attorney-general to dismiss the appeal under section 1253 of the Penal Code on the ground that no appearance has been made herein by the defendant.”

“The motion is good.”

32 Cal.App.2d 623 (1939) THE PEOPLE, Respondent,

JOHN L. McKIBBEN et al., Defendants; JOE W. YURGY, Appellant.

Crim. No. 3211. California Court of Appeals. Second Appellate District, Division Two.

May 11, 1939. No appearance for Appellant.

Earl Warren, Attorney-General, for Respondent.

The Court.

[1] This case comes before us on the motion of the attorney-general to dismiss the appeal under section 1253 of the Penal Code on the ground that no appearance has been made herein by the defendant. Due notice of the hearing on this date has been given. The motion is good.

Appeal dismissed. [624]

People v. McKibben

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