(Download) "People v. Cook" by First Appellate District, Division Two District Court Of Appeal Of California # Book PDF Kindle ePub Free
eBook details
- Title: People v. Cook
- Author : First Appellate District, Division Two District Court Of Appeal Of California
- Release Date : January 01, 1950
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 53 KB
Description
[97 CalApp2d Page 284] The defendant appeals from an order denying his motion to set aside a judgment convicting him following a trial by jury on an indictment charging the felony of embezzlement. The judgment was entered on March 5, [97 CalApp2d Page 285] 1948, and no appeal was taken therefrom. On October 13, 1948, he moved to vacate the judgment, attacking the regularity of the selection of the grand jury which returned the indictment; attacking the sufficiency of the evidence as failing to show that the crime was committed within three years prior to the return of the indictment; asserting that he could not be prosecuted for embezzlement until he had been adjudged an embezzler in the probate proceedings in the estate from which he was charged with having taken the funds, and also urging that the instructions to the jury do not appear in the record on file. All these matters could have been urged on a motion for a new trial or on an appeal from the judgment.