People v. Gish

California Court of Appeal Sep 2, 1916 No. Crim. No. 349.Published

Before: BURNETT, J. —

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Holding. The court dismissed the purported appeal because the record contained no notice of appeal from the judgment or the order denying a new trial, and the appellant failed to make an appearance.

Issues

Whether an appeal can be maintained in the absence of a filed notice of appeal.
Whether an appeal can be maintained when the appellant fails to make an appearance.

Disposition. Dismissed

Quotations verified verbatim against the opinion

“The record in the above-entitled cause has been filed in this court. It contains, however, no notice of appeal either from the judgment or the order denying the motion for a new trial.”

“The purported appeal is dismissed, and the record stricken from the files.”

The record in the above-entitled cause has been filed in this court. It contains, however, no notice of appeal either from the judgment or the order denying the motion for a new trial. Neither has there been any appearance of appellant in this court. We may say, though, that we have read the record, and there appears to be no doubt of defendant's guilt or that he had a fair trial.

The purported appeal is dismissed, and the record stricken from the files.

Chipman, P. J., and Hart, J., concurred.

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People v. Gish

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