Devaul

People v. Devaul

Good Law
1923 Cal. App. LEXIS 16·60 Cal. App. 497·213 P. 58
Court of Appeal of CaliforniaJanuary 20, 1923Crim. No. 647.California661 words

Opinion

lead Opinion

Hart, J.

The defendant was indicted by the grand jury of Mendocino County for the crime of murder, and, on being tried, was convicted of the crime of manslaughter. A motion for a new trial was made in his behalf and the same denied. He appeals from the judgment and the order disallowing his motion for a new trial.

The cause was placed on the calendar of the January term of this court for hearing and argument, and the attorneys of record of the accused duly notified by the clerk of this court of that fact, but no appearance was made for the defendant before this court when the appeal was regu larly called for hearing. No brief in support of the appeal was then on file, nor has any since been filed by or for the accused. We have, nevertheless, read the testimony and thus incidentally noticed the rulings upon proffered but challenged evidence and also have read the charge of the court to the jury. Our conclusion from the examination so given the record is that the verdict is amply supported and the rulings and instructions free from substantial error. In deed, as to the question (if there be such question here intended to be raised) whether the verdict derives sufficient support from the…

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