The People v. Schiaffino

California Court of Appeal

The People v. Schiaffino

181 P. 813, 40 Cal. App. 675, 1919 Cal. App. LEXIS 121

CourtCalifornia Court of Appeal

DecidedApril 16, 1919

DocketCrim. No. 465.

StatusPublished

Cited by1 cases

This text of 181 P. 813 (The People v. Schiaffino) is published on Counsel Stack Legal Research, covering California Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

The People v. Schiaffino, 181 P. 813, 40 Cal. App. 675, 1919 Cal. App. LEXIS 121 (Cal. Ct. App. 1919).

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Opinion

THE COURT.

Defendants were tried jointly for the crime of having feloniously and burglariously broken into and entered the store of Herrick & Brooks, in the town of Middle- *676 town, county of Lake, on the eighteenth day of September^ 1918, “with intent then and there to commit a crime,” and “then and there opened a safe by use of nitro-glycerine, contrary to the form, force and effect of the statute,” etc. The jury returned a verdict of guilty as charged, and the court sentenced defendants to the state prison at San Quentin. Defendants appealed.

The clerk’s transcript "was filed January 25, 1919, and the reporter’s transcript was filed February 6, 1919. Under rule II, the appellant in a criminal case is required to “file his points and authorities, with proof of service on the attorney-general, within fifteen days after the filing of the transcript. ’ ’ The cause was placed upon the April calendar and due notice thereof sent to defendants’ attorneys. They have filed no points and authorities, and have not applied for further time in which to file points and authorities. At the call of the calendar there was no appearance for defendants and on motion of the attorney-general the cause was submitted on the record.

[1] We have read the evidence in the case and, while it is largely circumstantial, we cannot say it is insufficient to support the verdict.

The judgment is affirmed.

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THE COURT.

Defendants were tried jointly for the crime of having feloniously and burglariously broken into and entered the store of Herrick & Brooks, in the town of Middle- *676 town, county of Lake, on the eighteenth day of September^ 1918, “with intent then and there to commit a crime,” and “then and there opened a safe by use of nitro-glycerine, contrary to the form, force and effect of the statute,” etc. The jury returned a verdict of guilty as charged, and the court sentenced defendants to the state prison at San Quentin. Defendants appealed.

The clerk’s transcript "was filed January 25, 1919, and the reporter’s transcript was filed February 6, 1919. Under rule II, the appellant in a criminal case is required to “file his points and authorities, with proof of service on the attorney-general, within fifteen days after the filing of the transcript. ’ ’ The cause was placed upon the April calendar and due notice thereof sent to defendants’ attorneys. They have filed no points and authorities, and have not applied for further time in which to file points and authorities. At the call of the calendar there was no appearance for defendants and on motion of the attorney-general the cause was submitted on the record.

[1] We have read the evidence in the case and, while it is largely circumstantial, we cannot say it is insufficient to support the verdict.

The judgment is affirmed.

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181 P. 813, 40 Cal. App. 675, 1919 Cal. App. LEXIS 121, Counsel Stack Legal Research, https://law.counselstack.com/opinion/the-people-v-schiaffino-calctapp-1919.

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