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People v. Aubrey

Supreme Court of California
Jan 1, 1879
53 Cal. 427 (Cal. 1879)

Opinion

         Appeal from the County Court of Placer County.

         Defendant appealed.

         COUNSEL:

         B. F. Myers, for Appellant.

          Attorney-General Hamilton, for Respondent, moved to dismiss the appeal, on the ground that this Court had no jurisdiction of the cause.


         JUDGES: Crockett, J. Mr. Justice McKinstry expressed no opinion.

         OPINION

          CROCKETT, Judge

         The defendant was indicted for an assault with a deadly weapon, with the intent to commit murder, and was convicted of an assault with a deadly weapon, and was thereupon sentenced to be confined in the County Jail for one year. From this judgment the defendant appeals, and the Attorney-General moves to dismiss the appeal, on the ground that from such a judgment there is no appeal.

         An appeal will not lie to this Court in a criminal cause, except in cases amounting to felony; and sec. 245 of the Penal Code, as amended in 1874, provides that the punishment for an assault with a deadly weapon shall be " by imprisonment in the State Prison or in a county jail not exceeding two years, or by fine not exceeding five thousand dollars, or by both." Sec. 17 of the same Code provides that " a felony is a crime which is punishable with death or by imprisonment in the State Prison. Every other crime is a misdemeanor; or, when a crime punishable by imprisonment in the State Prison is also punishable by fine or imprisonment in a county jail, in the discretion of the Court, it shall be deemed a misdemeanor for all purposes after a judgment imposing a punishment other than imprisonment in the State Prison." (Amendment of 1874.)

         The offense of which the defendant was convicted was, therefore, only a misdemeanor, and no appeal lies from the judgment.

         Appeal dismissed.


Summaries of

People v. Aubrey

Supreme Court of California
Jan 1, 1879
53 Cal. 427 (Cal. 1879)
Case details for

People v. Aubrey

Case Details

Full title:THE PEOPLE v. CHARLES W. AUBREY

Court:Supreme Court of California

Date published: Jan 1, 1879

Citations

53 Cal. 427 (Cal. 1879)

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