People v. Wooster (1860) · DecisionDepot

People v. Wooster

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

California Supreme Court Jul 1, 1860Published

Before: Baldwin

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Holding. The court held that the People waived their right to appeal an order sustaining a demurrer to an indictment by failing to take an exception and instead moving to resubmit the case to a grand jury.

Issues

Whether the People may appeal an order sustaining a demurrer after moving to resubmit the case to a grand jury.
Whether the failure to take an exception to a demurrer ruling constitutes a waiver of the right to appeal.

Disposition. Appeal dismissed.

Quotations verified verbatim against the opinion

“The failure to except and taking the order must be considered an acquiescence in the judgment and a waiver of a right of appeal.”

“the resubmission of the matter is not less decisive of the intent to abandon the first indictment, and to hold as final the judgment on the demurrer.”

Synopsis

Demurrer to an indictment for perjury being sustained, the District Attorney took no exception, but moved for and obtained an order submitting the case to another grand jury. Subsequently, The People appeal from the order sustaining the demurrer: Held, that the failure to except and talcing this order was an acquiescence in the judgment on demurrer, and a waiver of any right to appeal.

Baldwin, J. delivered the opinion of the Court Field, C. J. and Cope, J. concurring.

Upon sustaining the demurrer to the indictment in this case, the District Attorney took no exception; but moved for and obtained an order submitting the case to another grand jury. The People now appeal from this order sustaining the demurrer. We think, under the circumstances, the appeal should be dismissed. A contrary practice would lead to oppression and confusion. The failure to except and taking the order must be considered an acquiescence in the judgment and a waiver of a right of appeal. If the grand jury had found a new bill on the resubmission, no appeal would lie, of course, from any disposition of the demurrer to the first bill; and the resubmission of the matter is not less decisive of the intent to abandon the first indictment, and to hold as final the judgment on the demurrer.

Appeal dismissed.

People v. Wooster

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