People v. Shaw

California Court of Appeal Feb 14, 1927 No. Docket No. 931.Published

Before: Plummer

AI Brief

AI-generated · verify before citing

Holding. The court held that an appeal in a criminal case is ineffectual and must be dismissed if the appellant fails to file an application stating the grounds of the appeal and the points relied upon, as required by Section 1247 of the Penal Code.

Issues

Whether the failure to state the grounds of appeal in the application for a transcript as required by Section 1247 of the Penal Code renders the appeal ineffectual.
Whether the appellate court must dismiss an appeal for lack of jurisdiction when the statutory requirements for the appeal have not been met, even if the respondent does not raise the issue.

Disposition. dismissed

Quotations verified verbatim against the opinion

“It has been held uniformly that the provisions of section 1247 are mandatory and that failure-to comply substantially therewith is fatal”

“Not having jurisdiction of the appeal, we must dismiss it.”

PLUMMER, J.

The appellant was convicted of the crime of manslaughter and also of the offense of failing to stop and render assistance, after having run down and killed a boy riding on a bicycle, on one of the public highways of the county of Sacramento, state of California, on or about the ninth day of January, 1926. His appeal is prosecuted from an order denying a motion for a new trial.

On the twenty-fifth day of March, 1926, after an order denying defendant’s motion for a new trial had been made and entered, the defendant filed a notice of appeal, which, omitting the title, is in the following words and figures:

“You and each of you will please take notice, and notice is hereby given you, that the appellant above named John Trowbridge appeals to the Third District Court of Appeal, in and for the State of California, from the Judgment of the above entitled Court made and entered on the 25th day of March, 1926, denying his motion for a new trial. That the said appeal will be and is taken on all the records, papers and files now or hereafter on file, relative to said action with the Clerk of the above entitled Court.

“Dated: March 25, 1926.

“Feed J. Habéis

“M. F. Shelley

“Attorneys for Defendant.”

On the same day appellant filed his application for a transcript of the phonographic reporter's notes, which application, omitting the title, is in the following words and figures:

[314]

“You and each of you will please take notice, and notice is hereby given you, that John Trowbridge the defendant and Appellant above named, having heretofore taken an appeal to the Third District Court of Appeal in and for the State of California, from the Judgment and order of the above entitled Court denying his motion for a new trial made and entered on the 25th day of March, 1926, demands a full and complete transcription of Phonographic and/or stenographic notes made of all the matters and things pertaining to the above entitled criminal matters and numbers in the above entitled Court, on the 18th, 19th and 22nd days of March, 192'6, or any other dates.

People v. Shaw

AI Brief

PLUMMER, J.

More from California Court of Appeal

Related research

AI Brief