People v. Clarke
People v. Clarke
Opinion of the Court
The only question on this appeal which it is necessary to consider is, whether an order of the County Court, directing that a charge which has been ignored by a former Grand Jury be submitted to another Grand Jury, is, in any ease, an appealable order. Section four hundred and eighty-one of the Criminal Practice Act provides that an appeal may be taken “to the Supreme Court from a final judgment of the District Court or County Court, in all criminal cases amounting to a felony, on questions of law alone; also, from an order of the District Court or County Court granting or refusing a new trial, or which affects a substantial right in a criminal case amounting to a felony, on questions of law alone.’.’ Section four hundred and eighty-four provides that upon the appeal from the judgment any decision of the Court in an intermediate order or proceeding forming a part of the record may be revised.
In providing that intermediate orders or proceedings form
Appeal dismissed.
Mr. Chief Justice Sprague did not participate in the foregoing decision.
Reference
- Full Case Name
- THE PEOPLE OF THE STATE OF CALIFORNIA v. FREDERICK W. CLARKE
- Cited By
- 4 cases
- Status
- Published
- Syllabus
- Criminal Law—Order Besubmittino Case to Grand Jury not Appealable.—An order of a County Court directing that a criminal charge ignored by one Grand Jury be submitted to another, is not an appealable order. Criminal “Intermediate Orders” not Appealable.—By the provisions of section four hundred and eighty-four of the Criminal Practice Act, to the effect that intermediate orders or proceedings forming part of the record of a criminal case may be reviewed on appeal from the final judgment, it was clearly intended to prohibit a separate appeal from such intermediate orders or proceedings. Criminal Orders, after Pinal Judgment, Appealable.—That portion of section four hundred and eighty-one of the Criminal Practice Act which authorizes an appeal from an order “which affects a substantial right in a criminal case amounting to felony,” applies only to orders made after final judgment.