In re Rothrock

In In re Rothrock (1939) 14 Cal.2d 34, the defendant made a motion for a new trial. The trial court stated that it was its "purpose to grant the motion for a new trial," but it never did and, instead, sustained a so-called objection to the verdict and vacated the proceedings. That ruling was reversed in People v. Rothrock (1936) in which opinion the court mistakenly assumed that no motion for a new trial had ever been made. That error was corrected in In re Rothrock, supra, where, after recalling the remittitur because of that mistaken assumption, the court remanded the matter to the trial court for a new trial, "petitioner having been prejudiced by the failure to have the motion determined, . . ." (Id., p. 41.)