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People v. Higgins

California Supreme Court · Crim. No. 174 · 1896-08-18 · Published · 114 Cal. 63 · 45 P. 1004 · 1896 Cal. LEXIS 855

THE PEOPLE v. J. F. HIGGINS

Area
criminal

Analysis

No analysis yet. When one exists it is a model's reading of this opinion — the rulings it reviewed, whether it agrees with the court, and the authorities it checked — shown beside the court's own disposition, never in place of it. How analyses are made.

Opinion

The Court.

This is an appeal taken by the people from an order of the superior court setting aside the information upon motion of the defendant.

The appeal cannot be entertained. While the objection is not made by respondent, the appeal is one of which we have not jurisdiction, since the instance is not one in which the people are authorized to appeal. (Pen. Code, sec. 1238; People v. Richter, 113 Cal. 473.)

Appeal dismissed.

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