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People v. Bell

THE PEOPLE v. WILLIAM H. BELL

People v. Bell, 11 P. 327 (Cal. 1886)
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Court
California Supreme Court · State Highest Courts
Decided
June 22, 1886
Docket
No. 20118
Citations
11 P. 32770 Cal. 331886 Cal. LEXIS 718
Cited by 7
Syllabus
Cbimihal Law—Appeal—Tbahscbipt must Show See vice of Notice — Dismissal. — The transcript on appeal in a criminal case must show that the notice of appeal was served on the attorney of the adverse party; otherwise the appeal will he dismissed.
Summary
Appeal from a judgment of the Superior Court of the city and county of San Francisco, and from an order refusing a new trial. Motion to dismiss appeal. The defendant was convicted of the crime of grand larceny. 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

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

The Court.

The transcript herein does not show that the notice of appeal was served on any one. The law requires that it shall be served on the attorneys of the adverse party (Penal Code, sec. 1240), and the transcript on appeal must show it. (People v. Phillips, 45 Cal. 44 ; People v. Clark, 49 Cal. 455 .) This not being the case, the appeal cannot be considered.

Appeal dismissed.

How later courts describe this case

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

Cited by 7 cases

View all citing references →
1888: 11895: 11898: 11906: 11908: 21938: 118882026peak 1908 · 2

Relies on it most ⓘ

  1. People v. Brown84 P. 204 (Cal. 1906)
  2. State v. Preston30 Nev. 301 (1908)
  3. People v. Finerty97 P. 73 (Cal. Ct. App. 1908)
  4. People v. Swearinger38 P. 972 (Cal. 1895)
  5. People v. Colon51 P. 1082 (Cal. 1898)
  6. Pueblo v. Martínez53 P.R. Dec. 578 (1938)

Most recent

  1. Pueblo v. Martínez53 P.R. Dec. 578 (1938)
  2. People v. Finerty97 P. 73 (Cal. Ct. App. 1908)
  3. State v. Preston30 Nev. 301 (1908)
  4. People v. Brown84 P. 204 (Cal. 1906)
  5. People v. Colon51 P. 1082 (Cal. 1898)
  6. People v. Swearinger38 P. 972 (Cal. 1895)

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 2

DepthCaseCited by
People v. Phillips, 45 Cal. 44 (1872) 12
People v. Clark, 49 Cal. 455 (1875) 11

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