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People v. Barba

Court of Appeal of California, Second District, Division One
Sep 12, 1929
100 Cal.App. 557 (Cal. Ct. App. 1929)

Opinion

Docket No. 1829.

September 12, 1929.

APPEAL from a judgment of the Superior Court of Imperial County and from an order denying a new trial. A.C. Finney, Judge. Reversed.

The facts are stated in the opinion of the court.

Fred H. Thompson for Appellant.

U.S. Webb, Attorney-General, and James S. Howie, Deputy Attorney-General, for Respondent.


Defendant appeals from a judgment of conviction of the offense of unlawfully selling intoxicating liquor and from an order denying his motion for a new trial.

[1] On the trial of the action, by stipulation entered into between the district attorney and the attorney representing the defendant, a jury trial was waived. Defendant now raises the point that as he did not personally consent to a waiver of a jury trial, the trial court was without jurisdiction in the premises.

Relying upon the case of People v. Garcia, 98 Cal.App. 702 [ 277 P. 747], wherein the provisions of section 7, article I, of the Constitution are thoroughly considered, it is ordered that the judgment and the order denying the motion for a new trial be and they are reversed.

Conrey, P.J., and York, J., concurred.

A petition for a rehearing of this cause was denied by the District Court of Appeal on September 24, 1929, and a petition by respondent to have the cause heard in the Supreme Court, after judgment in the District Court of Appeal, was denied by the Supreme Court on October 7, 1929.

All the Justices present concurred.


Summaries of

People v. Barba

Court of Appeal of California, Second District, Division One
Sep 12, 1929
100 Cal.App. 557 (Cal. Ct. App. 1929)
Case details for

People v. Barba

Case Details

Full title:THE PEOPLE, Respondent, v. BILL BARBA, Appellant

Court:Court of Appeal of California, Second District, Division One

Date published: Sep 12, 1929

Citations

100 Cal.App. 557 (Cal. Ct. App. 1929)
280 P. 549

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