Summary
In Pyle v. Piercy, 122 Cal. 383, 55 P. 141, it appeared that when the action was called for trial the defendant made a motion to dismiss the action for the reason that plaintiff failed to appear.
Summary of this case from Campanella v. CampanellaOpinion
Department One
APPEAL from a judgment of the Superior Court of Siskiyou County and from an order denying a new trial. J. A. Beard, Judge.
COUNSEL:
James F. Lodge, for Appellant.
W. F. Fitzgerald, Attorney General, and W. H. Anderson, Assistant Attorney General, for Respondent.
JUDGES: Garoutte, J. Harrison, J., and Van Fleet, J., concurred.
OPINION
GAROUTTE, Judge
Defendant has been convicted of a felony and now appeals. He was prosecuted under section 332 of the Penal Code upon an information. The information is in the general form held sufficient in People v. Frigerio , 107 Cal. 152, and is clearly sufficient. The evidence also is ample to support the verdict. It is insisted that error was committed by the court in admitting certain declarations of the defendant before the jury which were claimed to have been made under menace and undue influence. It is sufficient to say that the declarations made in no sense amounted to a confession of guilt, and therefore any question of menace and undue influence does not arise.
For the foregoing reasons the judgment and order are affirmed.