Code Section Group

Penal Code - PEN

PART 2. OF CRIMINAL PROCEDURE [681 - 1620]

  ( Part 2 enacted 1872. )

TITLE 9. APPEALS IN FELONY CASES [1235 - 1265]

  ( Heading of Title 9 amended by Stats. 1998, Ch. 931, Sec. 396. )

CHAPTER 3. Argument of the Appeal [1252 - 1256]
  ( Chapter 3 enacted 1872. )

1252.
  

On an appeal in a criminal case, no continuance shall be granted upon stipulation of counsel, and no continuance shall be granted for any longer period than the ends of justice shall require. On an appeal by a defendant, the appellate court shall, in addition to the issues raised by the defendant, consider and pass upon all rulings of the trial court adverse to the State which it may be requested to pass upon by the Attorney General.

(Amended by Stats. 1945, Ch. 40.)

1253.
  

The judgment may be affirmed if the appellant fail to appear, but can be reversed only after argument, though the respondent fail to appear.

(Enacted 1872.)

1254.
  

Upon the argument of the appeal, if the offense is punishable with death, two counsel must be heard on each side, if they require it. In any other case the Court may, in its discretion, restrict the argument to one counsel on each side.

(Enacted 1872.)

1255.
  

The defendant need not personally appear in the appellate Court.

(Enacted 1872.)

1256.
  

It shall be the duty of the district attorney to cooperate with and assist the attorney general in presenting all criminal matters on appeal.

(Added by Stats. 1927, Ch. 620.)

PENPenal Code - PEN