114 Cal. 63
Decided August 18, 1896
California Supreme Court · decided 1896-08-18
<p>Criminal Law—Order Setting Aside Information Non appealable. An appeal cannot be taken by the people from an order setting aside an information; and such an appeal will be dismissed by the appellate court of its motion for want of jurisdiction, although the objection is not raised by respondent.</p>
Cited by 1 later decisions — most recently April 1928
1 state decisions
Relies on People v. Richter
Good law ✅— No negative treatment on recordhow we know
Decided 1896-08-18
View the full empirical analysis of this case →
¶1This is an appeal taken by the people from an order of the superior court setting aside the information upon motion of the defendant.
¶2The 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.)
¶3Appeal dismissed.