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California Proposition 26, Appellate Court Abilities Amendment (1926)
| California Proposition 26 | |
|---|---|
 | |
| Election date November 2, 1926 | |
| Topic Civil and criminal trials | |
Status Approved | |
| Type Constitutional amendment | Origin State legislature |
California Proposition 26 was on the ballot as a legislatively referred constitutional amendment in California on November 2, 1926. It was approved.
A “yes” vote supported allowing the legislature to empower appellate courts, in cases where the jury trial is not a right or is waived, to ascertain facts from evidence previously presented in trial court or from additional evidence presented in appellate court and from such facts, allowing the appellate court to find the facts of the trial court incorrect or requiring additions. |
A “no” vote opposed allowing the legislature to empower appellate courts, in cases where the jury trial is not a right or is waived, to ascertain facts from evidence previously presented in trial court or from additional evidence presented in appellate court and from such facts, allowing the appellate court to find the facts of the trial court incorrect or requiring additions. |
Election results
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California Proposition 26 |
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|---|---|---|---|---|
| Result | Votes | Percentage | ||
|
|
521,858 | 69.38% | ||
| No | 230,284 | 30.62% | ||
Text of measure
Ballot title
The ballot title for Proposition 26 was as follows:
| “ | Giving Appellate Courts Trial Court Powers | ” |
Ballot summary
The ballot summary for this measure was:
| “ | Assembly Constitutional Amendment 16. Adds Section 4 ¾ to Article VI of Constitution. Declares Legislature, in cases were jury trial is not matter of right or is waived, may empower appellate court to ascertain the facts from evidence in trial court, or from additional evidence in appellate court, and make findings of fact contrary or additional to those made by trial court and for such purposes hear additional evidence concerning facts occurring before its decision on appeal and direct entry of any judgment or order case may require. | ” |
Full Text
The full text of this measure is available here.
Path to the ballot
- See also: Amending the California Constitution
A two-thirds vote was needed in each chamber of the California State Legislature to refer the constitutional amendment to the ballot for voter consideration.
See also
External links
Footnotes
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State of California Sacramento (capital) |
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