People v. Bangeneaur (1871) · DecisionDepot

People v. Bangeneaur

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

California Supreme Court Jan 15, 1871 No. No 2,651Published

Before: Temple

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Holding. The court held that a trial court lacks the statutory authority to grant a new trial upon the motion of the District Attorney over the defendant's objection.

Issues

Whether a trial court may grant a new trial upon the application of the District Attorney over the defendant's objection.

Disposition. reversed

Quotations verified verbatim against the opinion

“The statute only authorizes the Court to grant a new trial upon application of the defendant.”

“The order is, therefore, erroneous and must be reversed.”

Synopsis

Appeal from the Municipal Criminal Court of the City and County of San Francisco.

The facts are stated in the opinion.

Temple, J., delivered the opinion of the Court, Rhodes, C. J., 'Wallace, J., and Crockett, J., concurring:

The defendant was convicted of the crime of burglary. At the time he was called up for sentence, for some reason [614]which, does not appear, the District Attorney asked that the verdict be set aside and a new trial granted. The motion was sustained against the objection of the defendant, who, feeling aggrieved, has appealed to this Court from the order.

The statute only authorizes the Court to grant a new trial upon application of the defendant.

The order is, therefore, erroneous and must be reversed. So ordered.

People v. Bangeneaur

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