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People v. Giesea

Supreme Court of California
Apr 27, 1883
63 Cal. 345 (Cal. 1883)

Summary

In People v. Giesea (1883) 63 Cal. 345, after an order sustaining a demurrer to an indictment was reversed on appeal, a trial date was fixed which was more than 60 days after the remittitur was filed.

Summary of this case from Sykes v. Superior Court

Opinion

         APPEAL from an order of the Superior Court of Kern County, discharging defendant and dismissing the action against him.

         COUNSEL:

         Attorney-General, for Appellants.

         J. W. Freeman, and R. E. Arick, for Respondent.


         OPINION

         In Bank

         The facts are stated in the opinion of the court.

         PER CURIAM.

         This is an appeal from an order dismissing the cause and discharging the defendant.

         The indictment in this cause was demurred to and the demurrer was sustained. On appeal by the people to this court, this ruling was reversed with directions to overrule the demurrer. On the return of the remittitur, the court fixed a day for the trial of the defendant, and against his objection, more than sixty days after the remittitur was filed. Thereupon the defendant, under section 1382 of the Penal Code, claimed his discharge, and that the case should be dismissed. The court below so ruled and made an order discharging the defendant and dismissing the cause. Thereupon, this appeal was prosecuted by the people.

         We are of opinion that the case of the defendant does not come within the provisions of the section above referred to. That section has no application where the prisoner has demurred to the indictment, the demurrer sustained, the effect of which ruling had to be gotten rid of by an appeal.

         The court in our judgment erred in its ruling, and the order is reversed and cause remanded, that proceedings may be had in the court below according to law.

         MORRISON, C.J., and SHARPSTEIN, J., did not participate.


Summaries of

People v. Giesea

Supreme Court of California
Apr 27, 1883
63 Cal. 345 (Cal. 1883)

In People v. Giesea (1883) 63 Cal. 345, after an order sustaining a demurrer to an indictment was reversed on appeal, a trial date was fixed which was more than 60 days after the remittitur was filed.

Summary of this case from Sykes v. Superior Court

In People v. Giesea, 63 Cal. 345, the same question arose, and the Supreme Court reversed an order discharging the prisoner.

Summary of this case from Ex Parte Clyde Meadows

In People v. Giesea, 63 Cal. 345, a demurrer had been sustained to the indictment, but upon appeal the order was reversed and the trial court directed to overrule the demurrer.

Summary of this case from In re Rosenberg

In People v. Giesea, 63 Cal. 345, and People v. Lundin, 120 Cal. 308, 311 [52 P. 807], it was held that the provision of section 1382 of the Penal Code requiring an accused to be brought to trial within sixty days after the finding of an indictment or the filing of an information against him "does not apply to cases where a defendant has appealed to this court and had his case sent back for a second trial."

Summary of this case from People v. O'Connor
Case details for

People v. Giesea

Case Details

Full title:THE PEOPLE, APPELLANTS, v. F. A. GIESEA, RESPONDENT

Court:Supreme Court of California

Date published: Apr 27, 1883

Citations

63 Cal. 345 (Cal. 1883)

Citing Cases

In re Alpine

The statute does not specify that a failure to place the accused on trial within sixty days after the filing…

Sykes v. Superior Court

This court has not always recognized that trial delays other than those specifically provided for by statute…