People ex rel. Waterman v. Freeman
Citations
- 80 Cal. 233
- 22 P. 173
- 1889 Cal. LEXIS 895
Syllabus
<p>Public Omicers— Power oe Appointment — Constitutional Law — Executive Function. —The power of appointment to office is not essentially an eKecutive function, within the meaning of section 1 of article 3 of the constitution of 1879, and so far as it is not regulated by express provisions of the constitution, may be regulated by law, and if the law so prescribes, may be exercised by the members of the legislature.</p> <p>Id. — State Library—Legislature may Elect Trustees__The provision of section 2292 of the Political Code, placing the state library under the control of a board of trustees elected by the legislature in joint convention assembled, is constitutional.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that double jeopardy did not bar second trial when the new trial was granted based on an erroneous evidentiary ruling, rather than on sufficiency of the evidence
- holding that OCGA § 5-7-1 (a) (3) gives this Court authority to consider State’s appeal of order sustaining plea in bar entered after trial court granted motion for new trial due to improper admission of evidence
- holding that OCGA § 5-7-1 (a) (3) gives this Court authority to consider State’s appeal of order sustaining plea in bar entered after trial court granted motion for new trial due to improper admission of evidence
- explaining that OCGA § 5-7-2 was amended 14 in 2011 to eliminate the requirement that the State follow interlocutory appeal procedures in order to appeal from an order granting a new trial
- explaining that the Double Jeopardy Clause “does not preclude the State from retrying a criminal defendant whose conviction is set aside due to trial error, such as the incorrect admission of evidence or improper instructions.”
- explaining that the Double Jeopardy Clause “does not preclude the State from retrying a criminal defendant whose conviction is set aside due to trial error, such as the incorrect admission of evidence or improper instructions”
Source: CourtListener parenthetical corpus (CC0).
Judges: Beatty
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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