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People v. Armstrong

Supreme Court of California
Jul 1, 1872
44 Cal. 326 (Cal. 1872)

Opinion

         Appeal from the District Court of the Seventh Judicial District, County of Sonoma.

         The defendant was convicted of the crime of murder, and appealed.

         COUNSEL

          W. W. Pendegast, J. R. Lamar, and William Ross, for Appellant.

          John L. Love, Attorney General, for Respondent.


         JUDGES: Wallace, C. J.

         OPINION

          WALLACE, Judge

         The transcript in this case, containing some six hundred pages, consists in the main of the notes of the evidence given at the trial, purporting to have been taken down by the Phonographic Reporter of the Court below, and supported by his affidavit that they are correct. As we said in People v. Woods, 43 Cal. 177, these do not constitute a statement which we are at liberty to examine, nor form part of the record here for any purpose.

         Nor can we consider the points, or any of them, relied upon by the counsel for the prisoner, in the able argument with which we have been favored, for these do not appear in the record except in the bill of exceptions, so called, which not having been signed by the Judge, we are compelled also to disregard. (Crim. Prac. Act, Sec. 435.)

         Judgment affirmed.


Summaries of

People v. Armstrong

Supreme Court of California
Jul 1, 1872
44 Cal. 326 (Cal. 1872)
Case details for

People v. Armstrong

Case Details

Full title:THE PEOPLE OF THE STATE OF CALIFORNIA v. ARMSTRONG

Court:Supreme Court of California

Date published: Jul 1, 1872

Citations

44 Cal. 326 (Cal. 1872)

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