People v. Martin

California Court of Appeal · Crim. No. 2168 · 1941-02-24 · Published · 43 Cal. App. 2d 199 · 110 P.2d 459 · 1941 Cal. App. LEXIS 636

THE PEOPLE v. CHARLES MARTIN

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.

In November of 1940, this cause was placed on the calendar, and heard on November 25th. The appellant’s opening brief was then long overdue under rule II, section 15. At that time, counsel for appellant stated Jfchat he was engaged in trial work and requested an extension. The court granted appellant thirty days to file the opening brief. In spite of frequent requests from the clerk's office, the brief has not yet been filed. Since the filing of the reporter’s transcript on October 21, 1940, appellant has had over four months to file his brief. Under such circumstances, and counsel for appellant not appearing in opposition to the motion, this court is entitled to presume that the appeal has not been prosecuted in good faith. Under authority of rule V, section 1, the appeal is dismissed for lack of prosecution by appellant.