People v. Whelan

California Court of Appeal Apr 16, 1936 No. Crim. No. 293Published

Before: Marks

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Holding. The court affirmed the judgment because the defendant failed to file briefs or make an appearance after the case was placed on the calendar.

Issues

Whether the judgment should be affirmed under Penal Code section 1253 due to the defendant's failure to file briefs or appear.

Disposition. Affirmed

Quotations verified verbatim against the opinion

“The People moved to affirm the judgment under the provisions of section 1253 of the Penal Code. It is evident that the motion must be granted.”

MARKS, J. The clerk’s and the reporter’s transcripts in this action were filed in the office of the clerk of this court on March 3, 1936, and the case was placed on the calendar for argument on April 14, 1936. No briefs have been filed and no appearance has been made for defendant. The People moved to affirm the judgment under the provisions of section 1253 of the Penal Code. It is evident that the motion must be granted.

Judgment affirmed.

Barnard, P. J., and Jennings, J., concurred.

People v. Whelan

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