Opinion

People v. Buckley

  • 116 Cal. 146
  • 47 P. 1009
  • 1897 Cal. LEXIS 525
Court
California Supreme Court
Filed
Mar 1, 1897
Status
Published
Author
Harrison
On the bench
Garoutte, Harrison, McFarland, Temple
Cited by
16 cases

The opinion

Harrison, J., concurring.

I concur in the judgment of reversal upon the ground, as set forth by Mr. Justice Temple in his opinion, that the evidence, as shown by the record, was insufficient to justify tiie verdict. I am of the opinion, however, that the court did not err in refusing to dismiss the cause. The information was filed December 27,1894, and the defendant was arraigned January 4th, and having taken time to plead, on the *154 11th of January demurred to the information. Argument was had upon this demurrer January 18th, and on the 25th of January the court overruled the demurrer, and the defendant entered a plea of not guilty. This was the first point of time after the filing of the information at which the defendant could be brought to trial, and his trial was had on the 18th of March. Whatever time was consumed by him in dilatory motions or pleas, which had the effect to postpone the time at which he could be brought to trial was “good cause to the contrary,” upon his application for the dismissal of the cause, under section 1382 of the Penal Code.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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