People v. Smyre

Full title: THE PEOPLE, Respondent v. LAFAYETTE SMYRE, Appellant

Court: Court of Appeal of California, First District, Division Two

Date published: Dec 2, 1958

165 Cal.App.2d 651 (Cal. Ct. App. 1958)

332 P.2d 391

Opinion

Docket No. 3424.

December 2, 1958.

APPEAL from orders of the Superior Court of the City and County of San Francisco denying a new trial and denying motion for arrest of judgment. Walter Carpeneti, Judge Order denying a new trial, affirmed; appeal from order denying motion for arrest of judgment, dismissed.

Benjamin M. Davis for Appellant.

Edmund G. Brown, Attorney General, Clarence A. Linn, Chief Assistant Attorney General, and Richard S.L. Roddis, Deputy Attorney General, for Respondent.

KAUFMAN, P.J.

For the reasons stated in People v. Smyre, 164 Cal.App.2d 218 [ 330 P.2d 489], the order denying appellant's motion for new trial herein is affirmed. [1] The order denying the motion for arrest of judgment is a nonappealable order, and the purported appeal therefrom is dismissed.

Draper, J., concurred.