People v. Superior Court

HOUSER, J.

This is an application for a writ of mandate for the purpose of directing the superior court in and for the county of Los Angeles and Sidney N. Reeve, as a judge thereof, to hear and determine certain appeals from the justice’s court of Los Angeles township.

The essential facts surrounding the matter appear to be that in two several actions pending before the justice’s

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court of Los Angeles township, in which certain defendants were charged with a violation of the provisions of section 626f of the Penal Code in that they unlawfully had deer and deer meat in their possession, a justice of the peace (in all respects regularly, but in the absence of the district attorney or any deputy district attorney representing the people) had sustained demurrers in each of said cases and, in addition thereto, had ordered each of the actions dismissed. Later, on the same day, a deputy district attorney appeared before the justice of the peace in his chambers and gave oral notice of appeal from each of the said judgments of dismissal, and still later, and on the same day, filed in the justice’s court a written notice of appeal in each of said ' actions; following which the defendants therein served upon the district attorney their several notices of motion to dismiss each of said appeals on the ground that the court had no jurisdiction, and that the appeals were not taken as provided by law, which said motions were and each of them was granted by the judge of the superior court.

In view of the fact that it is conceded that

mandamus

is the proper remedy herein the only question which this court need determine is the one suggested by counsel for petitioner: Were'the appeals in these cases taken at the proper time!

The right of appeal in such cases is provided for by section 1466 of the Penal Code, and section 1467 of the Penal Code contains the provision with reference to the time within which the appeal may be taken, as follows: “The appeal may be taken, heard and determined as provided in title nine, part two of this code, except that such appeal must be taken within fifteen days after the judgment is rendered or within ten days after the order is made from which the appeal is taken.”