People v. Henry

California Court of Appeal Nov 17, 1938 No. Crim. No. 517Published

Before: Barnard

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Holding. The court affirmed the judgment under Penal Code section 1253 because the appellant failed to file briefs or make an appearance.

Issues

Whether the judgment should be affirmed due to the appellant's failure to file briefs or appear for the scheduled hearing.

Disposition. Affirmed

Quotations verified verbatim against the opinion

“The attorney-general moved to affirm the judgment under the provisions of section 1253 of the Penal Code. No appearance of any sort having been made on behalf of the appellant the motion will be granted.”

“Judgment affirmed.”

BARNARD, P. J. The clerk’s transcript was filed on September 6, 1938, and the reporter’s transcript on September 28, 1938. No briefs have been filed. The cause was regularly-calendared for November 15, 1938, and no one appeared for the defendant. The attorney-general moved to affirm the judgment under the provisions of section 1253 of the Penal Code. No appearance of any sort having been made on behalf of the appellant the motion will be granted.

Judgment affirmed.

Marks, J., and Griffin, J., concurred.

People v. Henry

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