People v. Curtis

Citations

• 113 Cal. 68
• 45 P. 180
• 1896 Cal. LEXIS 745

Syllabus

<p>Criminal Law—Dismissal of Indictment—Mistake of Clerk—Vacation of Entry.—Where an indictment was improperly dismissed by the entry o£ an order of dismissal through a mistake of the clerk, in supposing that the case was included with a number of other criminal ' actions which were ordered to be dismissed, the court has jurisdiction to vacate the order of dismissal entered by the clerk.</p> <p>Id.—Jurisdiction to Correct Records—Determination of Fact as to Mistake or Inadvertence Conclusive.—A court has power to cause its records to correctly set forth the orders which it has actually made, as well as to set aside an order which it has made through inadvertence or mistake; and if the question of mistake or inadvertence is disputed, the decision of the judge upon any controverted fact is not open to review.</p> <p>Id. —Pencil Order — Filing of Formal Order — Procurement of Defendant—Knowledge of Vacation of Order.—A pencil order of dismissal does not acquire any additional force by reason of the subsequent filing of a formal order attested by the clerk, without the knowledge or consent of the court, on the procurement of the defendant, after knowledge on his part that an order had been made by the court vacating the order of dismissal.</p>