People v. Shannon, Cr. 4696
| Decision Date | 28 March 1952 |
| Docket Number | Cr. 4696 |
| Citation | 110 Cal.App.2d 153,241 P.2d 1007 |
| Parties | PEOPLE v. SHANNON et al. |
| Court | California Court of Appeals Court of Appeals |
Morris Lavine, Los Angeles, for appellants.
Edmund G. Brown, Atty. Gen., William E. James, Deputy Atty. Gen., S. Ernest Roll, Dist. Atty., Los Angeles, for respondent.
Moe Marty Shannon, Joseph George Shannon and Theresa N. Tezze were charged by information with three offenses of burglary. After pleas of not guilty were entered they came on for trial. In a trial to the court witness were sworn and testified on behalf of the People. Defendants offered and the court admitted evidence in their behalf. Defendants were acquitted as to counts two and three of the information and found guilty as to count one. Defendants moved for a new trial, which motion was denied. Sentence was imposed. Moe Marty Shannon and Theresa N. Tezze appeal from the judgments.
The clerk's minutes read: 'Trial by jury is waived by each defendant, his counsel and the district attorney.' The reporter's transcript, duly certified by the reporter as a full, true and correct copy of the proceedings had and testimony taken, and certified by the trial judge, is before us as part of the record on appeal. It reads in part as follows:
Appellants in their opening brief advance the contention that they had not waived trial by jury, urging that the reporter's transcript should prevail over the clerk's minutes, and that the latter were in error.
The attorney general filed a motion for augmentation of the record, attached to which was a supplemental transcript, certified by the reporter and certifying that due to oversight there was an omission in the original transcript and that the same should read: The words added are: Attached to the reporter's certificate is a copy of the stenotype notes relating to the matter. The motion of the attorney general was granted and the certificate of the reporter received as part of the record. We then had before us the reporter's transcript showing that only one defendant waived trial by jury and the clerk's minutes showing that all the defendants waived. Upon the court's own motion an order was made directing the trial court to correct its records to speak the truth with respect to the conflict between the reporter's transcript and the clerk's minutes. Subsequently there was filed a supplemental reporter's transcript showing corrections as above stated and waiver of jury trial by Moe Shannon, and no waiver...
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People v. Walker
...is waived. People v. Garcia, 98 Cal.App. 702, 277 P. 747; People v. Spinato, 100 Cal.App. 600, 280 P. 691. See also People v. Shannon, 110 Cal.App.2d 153, 241 P.2d 1007, wherein judgment against one defendant was reversed because he did not expressly consent even though he sat silently thro......
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...643, 211 P.2d 342; Jiral v. Day, 95 Cal.App.2d 214, 212 P.2d 275; Morrell v. Clark, 106 Cal.App.2d 198, 234 P.2d 774; People v. Shannon, 110 Cal.App.2d 153, 241 P.2d 1007; Kruckow v. Lesser, 111 Cal.App.2d 198, 244 P.2d 19; Tesseyman v. Fisher, 113 Cal.App.2d 404, 248 P.2d 471; Eisindrath v......
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People v. Blackburn
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People v. Brown, Cr. 7122
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