People v. Wagner

HART, J.

The defendant was by an information charged with and by a jury convicted of the crime of grand larceny, in the superior court of Sacramento County, and has ap

[42]

pealed to this court from the judgment of conviction and the order denying his motion for a new trial.

The case was placed on the calendar of the January, 1918, term of this court, and when the cause was in its regular order called for hearing, neither of the two attorneys of record of the defendant appeared orally to argue the appeals, nor was there then or is there now a brief filed by said attorneys in support of the appeals, although the transcripts containing the record on appeal were filed on the third day of August, 1917, and the attorneys for the defendant duly notified by the clerk of this court that the case would be called for argument and submission on Monday, January 14, 1918. Under this state of the record there was either one of two courses only to be pursued by the attorney-general, viz.: To move, upon notice, to dismiss the

appeals; 2.

The submission of the cause for decision upon the record.

(People

v.

Magri,

32 Cal. App. 536, [163 Pac. 503];

People

v.

Coates,

32 Cal. App. 533, [163 Pac. 502] ;

People

v.

Maschini,

33 Cal. App. 424, [165 Pac. 546].) The attorney-general elected to adopt the latter course, hence we have been required to examine the record to ascertain whether upon the face thereof there are errors compelling a reversal.

The defendant and three other parties were jointly charged with the larceny of a quantity of rope, a number of tents, and other articles, of the aggregate value of over two hundred dollars and the personal property of one Charles Ross. The crime was committed in the month of January, 1917, in the city of Sacramento.