23 Cal. 93
Decided July 1, 1863
California Supreme Court · decided 1863-07-01
The defendant was indicted for perjury, and tried and convicted in the County of Contra Costa. The defendant’s attorney (John F. Swift), on the trial in the Court of Sessions, .resided in the City and County of San Francisco. After the jury had rendered their verdict, the Court of Sessions, on motion of defendant’s attorney, arrested the judgment. From the order arresting the judgment the People appealed.
Decided 1863-07-01
¶1delivered the opinion of the Court—Cope, C. J. concurring.
¶2The respondent moves to dismiss the appeal on the ground that the notice of appeal was served on his attorney, who lived out of the county, instead of on him personally, as required by the statute (Wood’s Digest, 308, Sec. 488), he residing in the county at the time.
¶3The objection is well taken, and the appeal is therefore dismissed.