274 P. 611 | Cal. Ct. App. | 1929
This cause was heretofore before us on an appeal from the judgment and an order denying a motion for a new trial. The judgment and order were affirmed on April 6, 1928. (See People
v. Maggio,
[2] We are therefore brought to the question whether the trial court had the authority to amend and modify its judgment, arising on the merits of the appeal. What has already been said applies in principle to this problem, but we also find statutory limitations upon the power of the court in this particular. Section
Motion to dismiss appeal denied and order reversed.
Works, P.J., and Craig, J., concurred.
A petition for a rehearing of this cause was denied by the district court of appeal on February 8, 1929, and the following opinion then rendered thereon: *412
THE COURT.
In denying the petition for a rehearing herein we deem it proper to say that Beggs v. Superior Court,
Petition for rehearing denied.
A petition by respondent to have the cause heard in the supreme court, after judgment in the district court of appeal, was denied by the supreme court on February 21, 1929.
All the Justices concurred.