People v. Creitser

HART, J.

The defendant pleaded guilty, in the superior court of Del Norte County, to an information charging him with the crime of rape upon a female under the age of consent, May Bartol by name—a name by no means unfamiliar to this court, its possessor having been the victim of similar mistreatment to that charged against the defendant by four other parties, who were convicted of the offense and who unavailingly appealed their cases to this court. (See

People

v.

Bartol, 24

Cal. App. 659, [142 Pac.

510]; People

v.

Hoosier,

24 Cal. App. 746, [142 Pac. 514];

People

v.

Horn, ante,

p. 583, [144 Pac. 641];

People

v.

Taggart, ante,

p. 628, [144 Pac. 1197], the opinion in which was filed in this court on October 27, 1914.)

The present appeal is from the judgment and the order denying the defendant a new trial, ‘ ‘ and from each and every order of said superior court made after pronouncing judgment in the above entitled cause. ’ ’

There has been no record of the testimony filed in this court, nor are there any briefs on file herein. There was no ap'pearance in behalf of the defendant when the cause was regularly called on the calendar at the last regular term of the court, and the attorney-general, therefore, submitted the case on the record, such as it is, now before us. Under these circumstances, we would be justified in ordering the appeals herein dismissed. (Rule V, Supreme Court, 160 Cal. xlvi, [119 Pac. x] ;

People

v.

Perry,

16 Cal. App. 772, [117 Pac. 1036].) But the record is brief and, therefore, while not deemed necessary, we have gone to the trouble of examining it carefully, and have discovered nothing therein which would warrant us in sustaining any of the appeals, if, indeed, it may be said that any has been properly taken.