People v. Long

Citations

• 121 Cal. 494
• 53 P. 1097
• 1898 Cal. LEXIS 940

Syllabus

<p>Cbiminal Law—Obdeb Sustaining Demubbeb to Indictment—Recobd upon Appeal—Minutes.—Upon an appeal by the people from an order sustaining a demurrer to an indictment, the provision of section 1207 of the Penal Code, making the minutes of the court a part of the judgment-roll upon appeal from a judgment of conviction, has no application; and exceptions merely noted in the minutes cannot be reviewed upon appeal from such order.</p> <p>Id.—Bill of Exceptions.—There is no provision for a judgment-roll or for a record of any kind upon an appeal from an order sustaining a demurrer to an indictment, otherwise than through a bill of exceptions, under sections 1172 and 1174 of the Penal Code; and conceding that such an order when entered in the minutes is in the nature of a final judgment, where the indictment is ordered resubmitted, a bill of exceptions is the exclusive mode of obtaining a review thereof upon an appeal by the people.</p>