People v. Clark (1875) · DecisionDepot

People v. Clark

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

California Supreme Court Jul 1, 1875 No. No. 10,127Published

Before: McKinstry

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Holding. The court dismissed the appeal because the record failed to demonstrate that the notice of appeal was served upon the adverse party as required by the Penal Code.

Issues

Whether an appeal is perfected without evidence of service of the notice of appeal on the adverse party's attorney.

Disposition. Submission set aside and cause stricken from the calendar.

Quotations verified verbatim against the opinion

“The transcript submitted to us does not show that an appeal was perfected in the above entitled action; it contains no evidence of service of the notice of appeal.”

Synopsis

Notice op Appead.—A notice of appeal in a criminal case must be filed with the Clerk of the Court, and served on the attorney of the adverse party, either personally or by publication as directed in the Code.

By the Court, McKinstry, J.: In a criminal case an appeal is taken by filing with the Clerk of the Court below a notice of appeal, and serving the same (actually or constructively) on the “attorney of the adverse party,” (Penal Code, sections 1,240, 1,241.)

The transcript submitted to us does not show that an appeal was perfected in the above entitled action; it contains no evidence of service of the notice of appeal.

Submission set aside and cause stricken from the calendar.

People v. Clark

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