People v. Hart

California Court of Appeal Dec 21, 1925 No. Docket No. 1255.Published

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Holding. The court dismissed the appeals because the defendants failed to perfect their appeals as required by Penal Code section 1247 and failed to appear for oral argument.

Issues

Whether the appeals should be dismissed due to failure to perfect the appeal under Penal Code section 1247.
Whether the appeals should be dismissed due to the defendant's failure to appear for oral argument under Penal Code section 1253.

Disposition. dismissed

Quotations verified verbatim against the opinion

“Because of the facts above stated, and because of the failure of defendant Hart to appear when the case was called for argument (Pen. Code, sec. 1253), the appeals were dismissed.”

THE COURT.

No briefs were filed on behalf of defendants. The case was set twice for oral argument, and was continued because of letters of request from defendant Hart. On the third call of the case no appearance was made on behalf of defendant Hart, but Edward J. Kelly, appearing for defendant Kinney, was granted time, which has expired, in which to file a brief. Mr. Kelly informs the court by letter that he admits that the appeal of Kinney has not been perfected by the filing of the statement and application required by section 1247 of the Penal Code. Apparently, so far as the record shows, the same defect exists in the appeal of Hart.

[1] Because of the facts above stated, and because of the failure of defendant Hart to appear when the case was called for argument (Pen. Code, sec. 1253), the appeals were dismissed.

People v. Hart

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THE COURT.

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