(Download) "People v. Bibber" by Fourth Appellate District District Court Of Appeal Of California " eBook PDF Kindle ePub Free
eBook details
- Title: People v. Bibber
- Author : Fourth Appellate District District Court Of Appeal Of California
- Release Date : January 28, 1950
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 56 KB
Description
[96 CalApp2d Page 274] Defendant William Noah Van Bibber was charged by information filed on June 24, 1948, with the crime of burglary in the first count, grand theft in the second count, and with four prior felony convictions. Defendant and appellant John Paul Cruysen was charged in a separate information filed on July 7, 1948, with the same offenses, allegedly committed on the same day, and further charged that he had previously suffered two convictions of a felony. On arraignment, while represented by the same counsel, each defendant entered a plea of not guilty to the offenses charged. Van Bibber denied, but Cruysen admitted the prior convictions. The court announced that the trial of the two defendants would be set for August 3. On motion of the district attorney the count of grand theft was dismissed as to each defendant. The reporter's transcript recites that the above-entitled actions came on regularly for trial ""jointly"" in said court. A jury was selected to try the defendants on the issues presented. It returned a verdict against both defendants. Through their attorney, a notice of appeal was filed and their appeal from the judgment of conviction was subsequently affirmed under section 1253 of the Penal Code. Upon sufficient showing by defendant Cruysen leave was granted to withdraw the remittitur as to him and to set aside the order of affirmance in reference to his case which is now being considered on its merits.