People v. Flenaugh

California Court of Appeal Feb 14, 1940 No. Crim. No. 447Published

Before: Griffin

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Holding. The court affirmed the judgment pursuant to Penal Code section 1253 because the appellant failed to file briefs or appear for oral argument.

Issues

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

Disposition. Affirmed

Quotations verified verbatim against the opinion

“When this cause was called for argument, the attorney-general moved to affirm the judgment under the provisions of section 1253 of the Penal Code.”

“The judgment is affirmed.”

GRIFFIN, J. When this cause was called for argument, the attorney-general moved to affirm the judgment under the provisions of section 1253 of the Penal Code. The clerk’s transcript on appeal was filed on October 4, 1939. and no further proceedings were had in the matter. The cause was placed on the February 13, 1940, calendar for argument. No one appeared for appellant and no briefs have been filed for him. (People v. Brown, 25 Cal. App. (2d) 360 [77 Pac. (2d) 300].)

The judgment is affirmed.

Barnard, P. J., and Marks, J., concurred.

People v. Flenaugh

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