People v. Higgins

California Supreme Court Aug 18, 1896 No. Crim. No. 174Published

AI Brief

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Holding. The court lacks jurisdiction to hear the appeal because the People are not authorized by statute to appeal an order setting aside an information.

Issues

Whether the People have the statutory authority to appeal an order setting aside an information.

Disposition. Appeal dismissed.

Quotations verified verbatim against the opinion

“the appeal is one of which we have not jurisdiction, since the instance is not one in which the people are authorized to appeal.”

Synopsis

Appeal from an order of the Superior Court of the City and Comity of San Francisco setting aside an information. Edward A. Belcher, Judge.

The facts are stated in the opinion of the court.

The Court. This is an appeal taken by the people from an order of the superior court setting aside the information upon motion of the defendant.

The appeal cannot be entertained. While the objection is not made by respondent, the appeal is one of which we have not jurisdiction, since the instance is not one in which the people are authorized to appeal. (Pen. Code, sec. 1238; People v. Richter, 113 Cal. 473.)

Appeal dismissed.

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