PEOPLE v. BRUSH (1961)

District Court of Appeal, Third District, California.

PEOPLE of the State of California, Plaintiff and Respondent, v. Seymour Ivean BRUSH, Defendant and Appellant.

Cr. 3112.

Decided: August 16, 1961

A. Richard Backus (Appointed by our court), Sacramento, for appellant. Stanley Mosk, Atty. Gen., by Doris H. Maier, Asst. Atty. Gen., for respondent.

This is an appeal from a judgment entered upon a jury's verdict which found appellant guilty of arson and two counts of burglary.

The Public Defender who represented appellant at his trial filed a notice of appeal on his behalf, but later advised this court that after a review of the entire transcript he found no sufficient grounds to prosecute the appeal. Nevertheless, upon appellant's request for counsel, we appointed Richard Backus, Esquire, to represent him. Mr. Backus has advised the court that he found no error upon which a meritorious appeal could be based. After an independent review of the record, we have reached the same conclusion.

The testimony of appellant's two accomplices and the extrajudicial statements of appellant so overwhelmingly establish his guilt that the jury would have been remiss in its duty if it had failed to convict him. There were no errors in law.

The purported appeal from an order denying a new trial is dismissed as no motion for a new trial was made. The judgment is affirmed.

VAN DYKE, Presiding Justice.

PEEK, J., and WARNE, Justice pro tem., concur.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network