People v. Higgins

45 P. 1004, 114 Cal. 63, 1896 Cal. LEXIS 855
California Supreme Court·Decided August 18, 1896·No. Crim. No. 174·Published·Cited by 3 cases

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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People v. Higgins, 45 P. 1004, 114 Cal. 63, 1896 Cal. LEXIS 855 (Cal. 1896).

45 P. 1004 (People v. Higgins) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

People v. Hale
232 Cal. App. 2d 112 (California Court of Appeal, 1965)
People v. Ellis
266 P. 518 (California Supreme Court, 1928)