People v. Fuhr

California Supreme Court

People v. Fuhr

246 P. 1116, 198 Cal. 593, 1926 Cal. LEXIS 397

CourtCalifornia Supreme Court

DecidedMay 7, 1926

DocketDocket No. Crim. 2815.

StatusPublished

Cited by9 cases

This text of 246 P. 1116 (People v. Fuhr) is published on Counsel Stack Legal Research, covering California Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Fuhr, 246 P. 1116, 198 Cal. 593, 1926 Cal. LEXIS 397 (Cal. 1926).

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Opinion

THE COURT.

The defendant, Jacob Fuhr, was convicted in the superior court of Alameda County of the crime of murder in the first degree and judgment was pronounced and entered against him sentencing him to be hanged. An appeal from the judgment to this court has been submitted and is pending decision herein.

It appears from the affidavit of Frank Barnet, sheriff of the county of Alameda, that the defendant Fuhr, on or about the twenty-third day of January, 1926, escaped from the county jail in the county of Alameda, wherein he was confined. He has not since been apprehended and is now a fugitive from justice. Supported by the affidavit of the sheriff, in whose custody the defendant was held, relating these facts, the attorney-general, by motion, asks this court to dismiss the appeal upon the ground that the defendant, Fuhr, has escaped from custody and is now at large.

*594 Upon the authority of People v. Redinger, 55 Cal. 290 [36 Am. Rep. 32], and People v. Elkins, 122 Cal. 654 [55 Pac. 599], and People v. Clark, ante, p. 453 [245 Pac. 1112], it is ordered that the appeal of said Jacob Puhr in this case be and the same stand dismissed, unless the defendant, within thirty days from this date, return to the custody of the sheriff of the county of Alameda, state of California.

It is further ordered that a copy of this order be served upon the attorneys for the defendant within five days hereof.

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THE COURT.

The defendant, Jacob Fuhr, was convicted in the superior court of Alameda County of the crime of murder in the first degree and judgment was pronounced and entered against him sentencing him to be hanged. An appeal from the judgment to this court has been submitted and is pending decision herein.

It appears from the affidavit of Frank Barnet, sheriff of the county of Alameda, that the defendant Fuhr, on or about the twenty-third day of January, 1926, escaped from the county jail in the county of Alameda, wherein he was confined. He has not since been apprehended and is now a fugitive from justice. Supported by the affidavit of the sheriff, in whose custody the defendant was held, relating these facts, the attorney-general, by motion, asks this court to dismiss the appeal upon the ground that the defendant, Fuhr, has escaped from custody and is now at large.

*594 Upon the authority of People v. Redinger, 55 Cal. 290 [36 Am. Rep. 32], and People v. Elkins, 122 Cal. 654 [55 Pac. 599], and People v. Clark, ante, p. 453 [245 Pac. 1112], it is ordered that the appeal of said Jacob Puhr in this case be and the same stand dismissed, unless the defendant, within thirty days from this date, return to the custody of the sheriff of the county of Alameda, state of California.

It is further ordered that a copy of this order be served upon the attorneys for the defendant within five days hereof.

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246 P. 1116, 198 Cal. 593, 1926 Cal. LEXIS 397, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-fuhr-cal-1926.

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