Bryant

People v. Bryant

Good Law
124 Cal. App. 241·1932 Cal. App. LEXIS 793·12 P.2d 168
Court of Appeal of CaliforniaJune 10, 1932Docket No. 2185.California991 words

Opinion

lead Opinion

Conrey, J.

The defendant was convicted of the crime of grand theft. He appeals from the judgment and from an order denying his motion for a new trial. The first point suggested in support of the appeal is that by reason of lapse of time (more than twenty-five days), between the date of the verdict and the time of pronouncement of judgment, the court erred in pronouncing judgment over the objection of the defendant that the elapsed time exceeded that which under the conditions of this case was permitted under sections 1191 and 1202 of the Penal Code. The verdict was returned and entered on the second day of December, 1931. Judgment was pronounced on January 8, 1932, immediately following the denial of a motion for a new trial and the denial of an application for probation. The claim now made by appellant that on January 8th he moved for a new trial and objected to the pronouncement of sentence, on the grounds mentioned in section 1202 of the Penal Code, does not appear to be sustained by anything contained in the record. Therefore the point is not available to appellant at this time, and the court did not err in pronouncing judgment at the time above stated. (People v. Okomoto, 26 Cal. App.…

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