88 P. 371 | Cal. Ct. App. | 1906
The defendant was convicted of a felony designated in the information as an attempt to commit the infamous crime against nature with and upon a male human being named in the information by then and there attempting to have carnal knowledge of the body of the person so named. He appeals from the judgment and order denying his motion for a new trial.
Section
We perceive no prejudicial error in the action of the court, on the third day of March, 1906, setting the case for trial on the 12th of April following, although such action was taken in the absence of the defendant, yet in the presence of his counsel. There was ample time for defendant to prepare for trial, and when the case was called for trial, if he had any objections to the time or manner of the setting of the cause, the same should have been offered. No objections were interposed.
There was no error in the admission of the evidence complained of.
The judgment and order should be affirmed; and it is so ordered.
Gray, P. J., and Smith, J., concurred.