People v. Shear (1857) · DecisionDepot

People v. Shear

Name: California Superior Court Tentative Rulings
Creator: DecisionDepot
License: https://creativecommons.org/licenses/by-nc/4.0/

California Supreme Court Jul 1, 1857Published

Before: Murray

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Holding. The Supreme Court lacks appellate jurisdiction over criminal cases involving offenses less than a felony and therefore cannot review the defendant's conviction.

Issues

Whether the Supreme Court has appellate jurisdiction over a misdemeanor conviction under the 'act to prevent gaming.'
Whether the Court has authority to issue a writ of error in a criminal case not involving a felony.

Disposition. Dismissed

Quotations verified verbatim against the opinion

“As the offence is not a felony, we have no jurisdiction.”

“This Court' has no authority to issue any writ or process, except in aid of its appellate jurisdiction”

“it follows that the writ was improvidently issued, and it must therefore be dismissed.”

Synopsis

The Supremo Court has no jurisdiction in a criminal case not amounting to a felony, whether on writ of error or on appeal.

Murray, C. J., delivered the opinion of the Court—Burnett, J., concurring.

This is an appeal from the judgment of the Court of Sessions, imposing a fine of one hundred dollars on the defendant for a violation of the “ act to prevent gaming.” As the offence is not a felony, we have no jurisdiction. See the People v. Applegate, 5 Cal. R.

It is of no consequence that the case is brought here by writ of error. This Court' has no authority to issue any writ or process, except in aid of its appellate jurisdiction, and having no appellate jurisdiction in criminal cases of a lesser grade than felony, it follows that the writ was improvidently issued, and it must therefore be dismissed.

Ordered accordingly.

People v. Shear

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