People v. Burns

California Court of Appeal Jan 27, 1939 No. Crim. No. 3174Published

Before: Crail

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Holding. The court dismissed the defendant's appeal of a second-degree murder conviction because the defendant failed to appear or file a brief.

Issues

Whether an appeal should be dismissed when the defendant fails to appear or file a brief pursuant to Penal Code section 1253.

Disposition. Dismissed

Quotations verified verbatim against the opinion

“The attorney-general moves the court for dismissal under section 1253 of the Penal Code. The motion is good and it is granted.”

“Appeal dismissed.”

CRAIL, P. J. This is an appeal from a judgment of conviction of murder in the second degree. The case is regularly upon the calendar, due notice having been given to the defendant. The defendant has made no appearance in this court and has filed no briefs and has made no request for an extension of time in which to file a brief.

The attorney-general moves the court for dismissal under section 1253 of the Penal Code. The motion is good and it is granted.

Appeal dismissed.

Wood, J., and McGomb, J., concurred.

People v. Burns

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