Daniels

People v. Daniels

Good Law
105 Cal. 262·1894 Cal. LEXIS 1147·38 P. 720
Supreme Court of CaliforniaDecember 26, 1894No. 21010California1,597 words

Opinion

lead Opinion

Haynes, J.

Appellants were indicted for conspiring falsely to move and maintain an action of slander by Zua Daniels against M. J. Church, under division 3 of section 182 of the Penal Code, and upon the trial were found guilty by the jury, and a judgment against each was entered, imposing a fine; and they appeal from said judgments and an order denying their motion for a new trial.

The appeal from the order denying a new trial must be dismissed, because taken long after the time limited therefor by section 1239 of the Penal Code.

Appellants’ brief, however, is almost wholly devoted to questions which could only be considered upon an appeal from such order, and point out no errors in receiving or rejecting evidence, unless it is contained in the statement that, “ The whole of the evidence for *264 the prosecution is irrelevant, immaterial, and inadmissible for any purpose, for the reason that it did not even tend to show that Daniels and Hutchings had conspired together to falsely move or maintain the action of Zua Daniels v. M. J. ChurchThe bill of exceptions covers nearly four hundred pages of the transcript, and clearly it was the duty of counsel if, in their opinion, any material error…

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