People v. Napthaly
Citations
- 105 Cal. 641
- 39 P. 29
- 1895 Cal. LEXIS 694
Syllabus
<p>Criminal Law—Preliminary Examination—Right of Accused Lawyer to have Counsel.—Under the constitution a lawyer who is accused of crime is equally entitled in every stage in his trial to the presence and aid of counsel, and, where he is refused the continuance of a preliminary examination for the purpose of enabling him to employ counsel, the preliminary examination is illegal, and an information based thereon should be set aside.</p> <p>Id.—Information by Magistrate—Waiver.—Where the defendant was a lawyer, and asked for a continuance of his preliminary examination to procure counsel, the fact that he asked for the continuance is evidence of his knowledge of his right thereto, and waived the necessity of his being informed thereof by the magistrate.</p>
Judges: Searls
Read full opinion on CourtListenerCited by
35 cases in this archive cite this case; the 20 most cited are listed.
- Powell v. AlabamaSupreme Court· 1932-11-07· cited 4,979×
- Varian Medical Systems, Inc. v. DelfinoCalifornia Supreme Court· 2005-03-03· cited 393×
- People v. Pompa-OrtizCalifornia Supreme Court· 1980-07-03· cited 241×
- Jennings v. Superior CourtCalifornia Supreme Court· 1967-06-16· cited 180×
- Priestly v. Superior CourtCalifornia Supreme Court· 1958-10-01· cited 177×
- People v. ElliotCalifornia Supreme Court· 1960-07-22· cited 143×
- People v. TerryCalifornia Supreme Court· 1962-04-19· cited 112×
- People v. ChesserCalifornia Supreme Court· 1947-03-21· cited 95×
- People v. MurphyCalifornia Court of Appeal· 1973-12-11· cited 40×
- Mills v. Superior CourtCalifornia Supreme Court· 1986-12-11· cited 35×
- People v. RogersCalifornia Court of Appeal· 1957-04-23· cited 32×
- People v. KonowCalifornia Supreme Court· 2004-04-22· cited 30×
- State v. OberstSupreme Court of Kansas· 1928-01-12· cited 25×
- Bogart v. Superior CourtCalifornia Supreme Court· 1963-11-14· cited 23×
- McCarthy v. Superior CourtCalifornia Court of Appeal· 1958-08-13· cited 21×
- State v. MooreSupreme Court of Kansas· 1900-04-07· cited 21×
- Harris v. Superior CourtCalifornia Court of Appeal· 2014-04-25· cited 19×
- Jean L. Chester v. The People of the State of CaliforniaNinth Circuit· 1966-01-27· cited 18×
- People v. HamptonCalifornia Court of Appeal· 1981-02-24· cited 17×
- Batalla v. Tribunal de Distrito de San JuanSupreme Court of Puerto Rico· 1953-01-21· cited 16×
Cites
2 cases in this archive are cited by this case.
Sourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.