People v. Egan

THE COURT.—The

appellant Frank J. Egan and Albert J. Tinnin were tried jointly and found guilty of first degree murder, the jury fixing the penalty at life imprisonment; and on September 14, 1932, they were sentenced ae

[480]

cordingly. Throughout the trial they were represented by separate counsel, and each filed a separate notice of appeal. Egan’s notice was filed the day sentence was pronounced, but he took no steps whatever to obtain a record on appeal; and on July 24, 1933, the attorney-general moved for a dismissal.

Section 7 of Rule II of the Rules for the Supreme Court and District Courts of Appeal, relating to appeals in criminal cases, provides: “ . . . the appellant must, within five days after giving notice of the appeal, file with the clerk and present an application to the trial court, stating in general terms the grounds of the appeal and the points upon which the appellant relies, and designate what portions of the phonographic reporter’s notes it will be necessary to have transcribed to fairly present the points relied upon. If such application is not filed within said time, the appeal shall be dismissed. ...” As indicated, no such application was ever filed or presented by appellant; nor was any attempt made otherwise to obtain a record on appeal; and it has been repeatedly held that the provisions of the foregoing rule are mandatory and that upon failure to comply with the requirements thereof the appeal must be dismissed.

(People

v.

Vincent,

116 Cal. App. 211 [2 Pac. (2d) 460];

People

v.

Martin,

127 Cal. App. 93 [15 Pac. (2d) 202];

People

v.

Sullivan,

123 Cal. App. 436 [11 Pac. (2d) 420];

People

v.