People v. Smith

California Court of Appeal May 26, 1943 No. Crim. No. 3698Published

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

Issues

Whether the appeal should be dismissed for want of prosecution due to the appellant's failure to file a brief 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 a new trial are, and each of them is, affirmed.”

THE COURT. The transcripts on appeal were filed in this court March 25, 1943. No brief having been filed, an order to show cause why the appeal should not be dismissed for want of prosecution was issued April 30, 1943, returnable May 26, 1943. On the latter date there was no appearance on behalf of appellant by brief or otherwise. Pursuant to the provisions of section 1253 of the Penal Code, the judgment and the order of the trial court denying motion for a new trial are, and each of them is, affirmed.

People v. Smith

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