People v. Cloutier

California Court of Appeal Nov 27, 1940 No. Crim. No. 3407Published

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Holding. The court affirmed the judgment and the order denying a motion for a new trial due to the appellant's failure to file briefs or appear.

Issues

Whether the appeal should be dismissed for failure to file briefs or appear.

Disposition. Affirmed

Quotations verified verbatim against the opinion

“pursuant to the provisions of section 1253 of the Penal Code, the judgment and the order of the trial court denying motion for new trial are, and each of them is, affirmed.”

THE COURT. October 3, 1940, the transcripts on appeal were filed in this court. Thereafter, the time for filing briefs having elapsed, an order to show cause why the appeal should not be dismissed was issued, returnable November 27, 1940. On the latter date there was no appearance on behalf of appellant, either by brief or otherwise.

Therefore, pursuant to the provisions of section 1253 of the Penal Code, the judgment and the order of the trial court denying motion for new trial are, and each of them is, affirmed.

People v. Cloutier

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