People v. Higgins

California Supreme Court

People v. Higgins

114 Cal. 63

CourtCalifornia Supreme Court

DecidedAugust 18, 1896

DocketCrim. No. 174

StatusPublished

This text of 114 Cal. 63 (People v. Higgins) 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. Higgins, 114 Cal. 63 (Cal. 1896).

Pincite

Opinion

The Court.

This is an appeal taken by the people from an order of the superior court setting aside the information upon motion of the defendant.

The appeal cannot be entertained. While the objection is not made by respondent, the appeal is one of which we have not jurisdiction, since the instance is not one in which the people are authorized to appeal. (Pen. Code, sec. 1238; People v. Richter, 113 Cal. 473.)

Appeal dismissed.

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The Court.

This is an appeal taken by the people from an order of the superior court setting aside the information upon motion of the defendant.

The appeal cannot be entertained. While the objection is not made by respondent, the appeal is one of which we have not jurisdiction, since the instance is not one in which the people are authorized to appeal. (Pen. Code, sec. 1238; People v. Richter, 113 Cal. 473.)

Appeal dismissed.

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Bluebook (online)

114 Cal. 63, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-higgins-cal-1896.

Opinion

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