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People v. Russell

The PEOPLE, Respondent, v. JOE RUSSELL, Appellant

People v. Russell, 21 P.2d 959 (Cal. Ct. App. 1933)
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Court
California Court of Appeal · State Appellate Courts
Decided
May 9, 1933
Docket
No. 1724.
Citations
21 P.2d 959131 Cal. App. 6461933 Cal. App. LEXIS 830

Opinion of the Court

THE COURT.

Defendant was charged upon three counts with violations of section 288 of the Penal Code and with a prior conviction of a felony in the state of Texas. He was convicted on all the charges with the exception of one of the counts, and has appealed from an order denying his motion for a new trial and the judgment entered on the verdict.

No objection is made to the sufficiency of the evidence to support the charges of violations of the sections of the Penal Code, but it is claimed that section 969b of that code, making certain records evidence of a prior conviction, violates the due process clauses of the state and federal Constitutions.

As shown by the following there is no merit in this contention: 16 Cor. Jur., Criminal Law, secs. 3161, 3162, pp. 1343, 1344; 12 Cor. Jur., Constitutional Law, sec. 879, pp. 1205, 1206;

People v. Sierp, 116 Cal. 249, 251 [ 48 Pac. 88 ];

West v. Louisiana, 194 U. S. 258 [24 Sup. Ct. 650, 48 *647 L. Ed. 965];

Mobile J. & K. C. R. Co.

v. Turnipseed, 219 U. S. 35 [31 Sup. Ct. 136, 55 L. Ed. 78 , Ann. Cas. 1912A, 463, 32 L. R. A. (N. S.) 226];

People v. Sickles, 156 N. Y. 541 [ 51 N. E. 288 ], The judgment and order are affirmed.

A petition for a rehearing of this cause was denied by the District Court of Appeal on May 24, 1933.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1934: 11937: 11950: 11961: 11974: 119342026peak 1934 · 1

Relies on it most ⓘ

  1. People v. Purcell70 P.2d 706 (Cal. Ct. App. 1937)
  2. People v. Lizarraga43 Cal. App. 3d 815 (1974)
  3. Waxler v. State224 P.2d 514 (Wyo. 1950)
  4. People v. Russell34 P.2d 203 (Cal. Ct. App. 1934)
  5. People v. Pitts196 Cal. App. 2d 841 (1961)

Most recent

  1. People v. Lizarraga43 Cal. App. 3d 815 (1974)
  2. People v. Pitts196 Cal. App. 2d 841 (1961)
  3. Waxler v. State224 P.2d 514 (Wyo. 1950)
  4. People v. Purcell70 P.2d 706 (Cal. Ct. App. 1937)
  5. People v. Russell34 P.2d 203 (Cal. Ct. App. 1934)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 4

DepthCaseCited by
Mobile, Jackson & Kan. City R.R. v. Turnipseed, 219 U.S. 35 (1910) 358
People v. Sickles, 51 N.E. 288 (N.Y. 1898) 100
People v. Sierp, 48 P. 88 (Cal. 1897) 12
West v. Louisiana, 194 U.S. 258 (1904) 100

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