People v. Hollis

65 Cal. 78 | Cal. | 1884

The Court.

The appeal is by the people from an order dismissing the action for want of prosecution. Such an order is not appealable. (Pen. Code, § 1238.)

When an attempt is made to appeal from an order which is not appealable this court has sometimes stricken the cause from the calendar, because not brought here by the attempted appeal, and sometimes dismissed the formal appeal.

Appeal dismissed.

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