128 P. 415 | Cal. Ct. App. | 1912
The defendant was charged with and convicted of the crime of assault with intent to commit murder. The appeal is from the judgment and from an order denying his motion for a new trial.
The defendant asserts that the trial court erred in not granting his motion to dismiss the case, on the ground that the defendant was not brought to trial within the time prescribed by section
It clearly appears that the court had not lost jurisdiction of the case, and properly refused to dismiss the same. (People v. Benc,
Defendant assigns the admission of certain evidence as error on the ground that it was not proper rebuttal evidence. We think it was correctly admitted as such; but even if it were not, the defendant having failed to object to it upon that ground at the time it was offered, he cannot now be heard to complain. *153
The evidence was amply sufficient to sustain the verdict, and we find nothing in the court's charge to the jury warranting defendant's claim that the law was erroneously laid down therein.
The judgment and order are affirmed.
Hall, J., and Lennon, P. J., concurred.