People v. Gehrig

California Supreme Court

People v. Gehrig

72 P. 717, 7 Cal. Unrep. 149

CourtCalifornia Supreme Court

DecidedMay 13, 1903

DocketCr. No. 974

StatusPublished

This text of 72 P. 717 (People v. Gehrig) 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. Gehrig, 72 P. 717, 7 Cal. Unrep. 149 (Cal. 1903).

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Opinion

GRAY, C.

In this case the defendant was convicted of manslaughter, and sentenced to ten years’ confinement in the state prison. He appealed from the judgment and from an order denying a new trial. He has filed no brief and made no appearance upon the appeal. The appeal is “submitted on the record” without argument. Section 1253 of the Penal Code reads as follows: “The judgment may be affirmed if the appellant fail to appear, "but can be re[150]*150versed only after argument, though the respondent fail to appear.” Under this provision of the law but one disposi: tion can be made of the case in its present condition; it can be affirmed. We therefore advise that the judgment and order appealed from be affirmed.

We concur: Haynes, C.; Chipman, 0.

PER CURIAM.—For the reasons given in the foregoing opinion the judgment and order appealed from are affirmed.

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GRAY, C.

In this case the defendant was convicted of manslaughter, and sentenced to ten years’ confinement in the state prison. He appealed from the judgment and from an order denying a new trial. He has filed no brief and made no appearance upon the appeal. The appeal is “submitted on the record” without argument. Section 1253 of the Penal Code reads as follows: “The judgment may be affirmed if the appellant fail to appear, "but can be re[150]*150versed only after argument, though the respondent fail to appear.” Under this provision of the law but one disposi: tion can be made of the case in its present condition; it can be affirmed. We therefore advise that the judgment and order appealed from be affirmed.

We concur: Haynes, C.; Chipman, 0.

PER CURIAM.—For the reasons given in the foregoing opinion the judgment and order appealed from are affirmed.

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Bluebook (online)

72 P. 717, 7 Cal. Unrep. 149, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-gehrig-cal-1903.