Martinson

People v. Martinson

Good Law
1928 Cal. App. LEXIS 301·88 Cal. App. 617·264 P. 322
Court of Appeal of CaliforniaJanuary 25, 1928Docket No. 1013.California940 words

Opinion

lead Opinion

Plummer, J.

The defendants were convicted, after trial, upon an information charging them with acts tending to contribute to the delinquency of a minor child, interposed a motion in arrest of judgment, and also a motion for new trial, both of which were denied. The information in this ease is word for word with that set out in the ease of People v. Perfetti, ante, p. 609 [ 264 Pac. 318 ], save and except it charges the sale of "Jackass" brandy. All of the objections considered in the Perfetti case are ~presented in this case. No demurrer was filed and the objections are raised on a motion in arrest of judgment. The conditions are exactly the same as in the Perfetti case, and the authorities there cited and the reasons there stated apply, and upon the authority of the Perfetti case we hold that the objections sought to be raised upon this appeal are untenable, all having been waived by failure to demur.

In addition to presenting the same technical objections as were presented in the Perfetti case, the defendants upon motion for a new trial in this ease sought to raise the objection that the trial court was guilty of such misconduct as prevented the defendants from having a fair and impartial…

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