People v. Mooney (175 Cal. 666, 1917)

THE COURT.

There has been brought to our attention a paper filed July 30, 1917, by the attorney-general, entitled “Consent that judgment and order be reversed.” It is stated therein by the attorney-general: “I hereby stipulate and consent that the judgment and order heretofore entered in this case by the trial court be reversed and the cause remanded. for a new trial.” As substantially stated in the paper/this action of the attorney-general is not based on any assumption that the record on appeal discloses any cause for reversal, he saying in effect that he is not prepared to state that any cause for reversal is shown by the record, and that his action is prompted by matters outside the record, disclosed after the proceedings were terminated in the trial court, which led him to believe that justice would be sub-served by a retrial of the cause. /

We do not read the paper &