Roberts

People v. Roberts

Good Law
1963 Cal. App. LEXIS 2742·213 Cal. App. 2d 387·28 Cal. Rptr. 839
Court of Appeal of CaliforniaFebruary 26, 1963Crim. 1746California3,360 words

Opinion

Opinion

Coughlin, J.

The defendant was charged with escape from a state prison camp, i.e., a violation of section 4531 of the Penal Code; was tried by a jury and convicted; moved for a new trial, which was denied; was sentenced to imprisonment in the state prison; appeals from the order denying his motion for a new trial, and the judgment; claims that he is not the person who committed the subject offense; and contends that his conviction should be set aside because the evidence is insufficient to support the same, he was deprived of a fair trial, errors were committed therein, the district attorney was guilty of prejudicial misconduct, and the trial judge was prejudiced against him.

There is no appeal from an order denying a motion for a new trial (Pen. Code, § 1237; People v. Eppers, 205 Cal. App.2d 727, 728 [ 23 Cal.Rptr. 222 ], and the attempted appeal therefrom should be dismissed.

Defendant urges seven indexed grounds for reversal, which are set forth in a brief personally prepared and filed herein by him. Each of these will be stated in the course of our consideration. His court appointed attorney filed a statement herein declaring that, in his opinion, no reversible error occurred in the…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.