California Courts of Appeal, 1926

People v. Wallington

California Courts of Appeal · Decided April 7, 1926

246 P. 815; 77 Cal. App. 366; 1926 Cal. App. LEXIS 289

Cases that cite this one

3 later published cases cite this decision.

People v. Coston (Cal. Ct. App. 1948)
People v. Egan (Cal. Ct. App. 1946)
People v. Schwarz (Cal. Ct. App. 1926)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

THE COURT.

[1] It appears from the face of the application for a stay of execution of the judgment under section 1243 of the Penal Code that the appeal from the judgment is abortive and that the order made after judgment necessarily must be affirmed. The appeal from the judgment was not taken in time. (Pen. Code, sec. 1239; Starr v. Superior Court, 23 Cal.App. 670 [139 P. 241].) [2] The sufficiency of the indictment could not be questioned on the motion made in the lower court to set aside *Page 367 the judgment after it had become final. (People v. Mooney,178 Cal. 525 [174 P. 325]; People v. Reid, 195 Cal. 249 [36 A.L.R. 1345, 232 P. 457].)

The application for stay of execution is denied.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.