Stock

People v. Stock

Good Law
19 Cal. App. 748·1912 Cal. App. LEXIS 164·127 P. 798
Court of Appeal of CaliforniaSeptember 20, 1912Crim. No. 253.California715 words

Opinion

Lead Opinion

James, J.

Defendant was convicted for having uttered and passed in the county of Orange a certain check drawn upon a bank of Los Angeles without having a credit or deposit at such- banking institution, which act is made a felony by the provisions of section 476a, Penal Code. The charge contained in the information was fully supported by the uncontradicted testimony of witnesses introduced by the prosecution, the defendant offering no evidence on his own behalf. The judgment directed that he be imprisoned in the state prison for a period of ten years. A motion for a new trial was presented and denied, as was also a motion in arrest of judgment. After all of these proceedings were had, defendant’s counsel announced in open court that he took exception to the judgment, and then said: “The defendant will give notice of appeal.” This statement of counsel was made immediately after the court had pronounced judgment and seems to have been intended as a notice of appeal from that judgment, no reference being made to the motion for a new trial which had been previously denied. However, without approving the practice in that regard, we will assume, as no question is urged as to its sufficiency, that…

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