People v. Von Eckartsberg

JENNINGS, J.

The defendant was charged by an information filed in the Superior Court of Orange County with the crime of manslaughter in that on or about October 21,-1932, he did wilfully, unlawfully and feloniously, while in the commission of an unlawful act, not amounting to a felony, kill three designated human beings. Upon arraignment, the defendant entered a plea of not guilty and was tried before a jury which returned a verdict convicting him of the offense specified in the information. Thereafter, he presented to the court a motion for a new trial which motion was by the court denied. He thereupon made application to the court to be placed on probation, which application was granted upon conditions specified in the court’s order granting the application. Defendant then perfected this appeal from the order of the trial court denying his motion for a new trial. The notice of appeal states that the appeal is taken from the court’s order denying defendant’s motion for a new trial and “from the judgment rendered in this cause on the 20th day of January, 1933”. The attempted appeal from a judgment rendered herein is entirely ineffective for the simple reason that no judgment was rendered. On January 20, 1933, the court made an order Avhich is entitled “Probation O'rder” by which it granted the defendant’s application for probation upon certain specified conditions. Presumably, the notice of appeal, so far as it mentions a judgment, refers to the aforesaid order. However, defendant waived pronouncement of judgment by making application for probation

(People

v.

De Voe,

123 Cal. App. 233 [11 Pac. (2d) 26]). The order granting probation was not, therefore, an order made after judg

[4]

ment and for this reason it is not an appealable order

(People

v.

Patello,

125 Cal. App. 480 [13 Pac. (2d) 1068];

People

v.