Reset A A Font size: Print

District Court of Appeal, Second District, Division 2, California.


Cr. 2851.

Decided: March 31, 1936

Martin E. Geibel, of Los Angeles, for appellant. U. S. Webb, Atty. Gen., and Paul D. McCormick, Deputy Atty. Gen., for the People.

The defendant was charged under a complaint filed against him in the municipal court of the city of Los Angeles with a violation of section 17 of the Medical Practice Act (St.1913, p. 722, as amended by St.1933, p. 1276), a misdemeanor, and he was convicted thereon. The defendant took an appeal to the appellate department of the Superior Court of Los Angeles county and the judgment of conviction by the municipal court was affirmed. Thereafter the defendant gave notice of appeal to this court and the matter comes before us on the motion of the Attorney General to dismiss the appeal herein on the ground that this court is without jurisdiction to hear or determine the same. This is not a case which was prosecuted by indictment or information, and this court has no jurisdiction of the appeal. Article 6, §§ 5 and 4b, Constitution of the state of California; People v. Tossetti, 107 Cal.App. 7, 289 P. 881.

The appeal is dismissed.

CRAIL, Presiding Justice.

We concur: WOOD, J.; McCOMB, Justice pro tem.

Copied to clipboard