TaiLexi AI U.S. Case Law

People v. Camilo

THE PEOPLE v. ANGEL CAMILO

People v. Camilo, 11 P. 128 (Cal. 1886)
Download
Format
Include

Star paging (*137) is kept for pin cites.

Court
California Supreme Court · State Highest Courts
Decided
May 21, 1886
Docket
No. 20175
Judges
McKee
Citations
11 P. 12869 Cal. 5401886 Cal. LEXIS 683
Cited by 10
Syllabus
Criminal Law—Trial—Want of Speedy Prosecution—Dismissal.— The failure to bring a person charged with crime to trial within sixty days after the filing of the information will not warrant a dismissal of the prosecution, if the delay was caused by the illness of the trial judge, or his engagements in the trial of other causes.
Summary
Appeal from a judgment of the Superior Court of Santa Clara County, and from an order refusing a new trial. The defendant was prosecuted by information for the crime of grand larceny, and convicted. The information was filed on the 1st of October, 1885, and on the following day the defendant was arraigned. On the 5th of December, 1885, the defendant moved to dismiss the prosecution, for the reason that he had not been brought to trial within sixty days after the filing of the information, and that the trial had not been at any time • continued or postponed on his application or with his consent; but that the same had been postponed against his protest. The motion was denied for the reason that the delay in bringing the defendant to trial was caused by the illness of the judge during a portion of the sixty days, and by his engagements in the trial of other cases during the remainder of that period. The further facts are stated in the opinion of the court.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — McKee

Text extracted by OCR from a scanned original; check the original for exact wording.

McKee, J.

It is the policy of the law, that persons charged with crime shall have a speedy as well as a fair and impartial trial. To that end it is provided by section 1382, Penal Code:—

*541 “ The court, unless good cause to the contrary is shown, must order the prosecution to be dismissed in the following cases:—

“ 2. If a defendant, whose trial has not been postponed upon his application, is not brought to trial within sixty days after the filing of the indictment or filing of the information.”

The defendant moved to dismiss the prosecution against him on that ground, and subsequently on the same ground moved in arrest of judgment.- Both motions were denied, and we think there was no error in the rulings of the court, because the record shows that sufficient cause was shown for not bringing the action against the defendant to trial within sixty days after the filing of the information.

As this is the only assignment of error presented by the record, the judgment and order are affirmed.

Myrick, J., Morrison, C. J., Ross, J., Thornton, J., and McKinstry, J., concurred.

How later courts describe this case

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

Cited by 10 cases

View all citing references →
1888: 11898: 11906: 11913: 11915: 11920: 21928: 11975: 11980: 118882026peak 1920 · 2

Relies on it most ⓘ

  1. State v. Hecht136 P. 251 (Kan. 1913)
  2. People v. Johnson606 P.2d 738 (Cal. 1980)
  3. Crockett v. Superior Court535 P.2d 321 (Cal. 1975)
  4. People v. Clayton264 P. 1105 (Cal. Ct. App. 1928)
  5. Von Feldstein v. State150 P. 235 (Ariz. 1915) · Dissent
  6. State v. Wear46 S.W. 1099 (Mo. 1898)

Most recent

  1. People v. Johnson606 P.2d 738 (Cal. 1980)
  2. Crockett v. Superior Court535 P.2d 321 (Cal. 1975)
  3. People v. Clayton264 P. 1105 (Cal. Ct. App. 1928)
  4. People v. Nigaglioni28 P.R. 217 (1920)
  5. Pueblo v. Nigaglioni28 P.R. Dec. 232 (1920)
  6. Von Feldstein v. State150 P. 235 (Ariz. 1915) · Dissent

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 0

No citations to other opinions in this database were found.

Keyboard shortcuts

/Focus the search box
j kNext / previous result
EnterOpen the selected result
xAdd / remove the selected result from the download list
n pNext / previous search term in a case
cCopy the citation of the current case
+ −Larger / smaller reading text
?Show this list