# People v. Creeks

> California Supreme Court · January 7, 1904 · 141 Cal. 529

URL: https://www.frixlaw.com/law-library/cases/3305986

## Case

- **Full name:** The PEOPLE, Respondent, v. FRANK CREEKS, Appellant
- **Court:** California Supreme Court
- **Decided:** January 7, 1904
- **Citations:** 141 Cal. 529; 75 P. 101; 1904 Cal. LEXIS 1012
- **Precedential status:** Published
- **Opinion:** Dissent by Van Dyke
- **Judges:** Van Dyke
- **Cited by:** 45 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3305986

## Opinion text

VAN DYKE, J., dissenting.
I dissent. The evidence in this case shows that a cold-blooded and most atrocious murder was committed, and that robbery was the motive; and all the circumstances point to the defendant as the guilty party.
*534
The error referred to in the opinion of the court, and on which the case is reversed, in my opinion, did not affect the substantial rights of the defendant, and it is the law: “After hearing the appeal, the court must give judgment without regard to technical errors or defects, or to exceptions, which do not affect the substantial rights of the parties” (Pen. Code, sec. 1258); and, therefore, I am of the opinion that the judgment of the court below should be affirmed.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3305986. Public record. Not legal advice.