People v. Bryant

THE COURT.

The defendants were convicted on January 27, 1929, in the superior court in and for the county of Los Angeles of the crime of obtaining money under false pretenses. On February 1, 1928, they filed their notice of appeal to the District Court of Appeal, but they failed to comply, technically, with section 1247 of the Penal Code, in that they did not file with the clerk and present an application to the trial court which stated in general terms the ground of .appeal and the points upon which the appellants

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rely. On January 31, 1928, the day when judgment was pronounced upon the verdict, appellants filed a written notice of appeal and also gave oral notice of appeal from the judgment and order denying their respective motions for new trials. On the following day they filed with the clerk of the court in which the proceedings were had the following notice and request, addressed to the clerk of said court:

“Please take notice that the defendants have appealed from the judgment heretofore rendered in the above-entitled action, and state that in order to properly prepare the appeal, it will be necessary for them to have a phonographic copy of the reporter’s transcript, together with all the evidence taken upon the trial, and of proceedings had in the case relative to testimony taken before the court at the trial of said action and, as well, the clerk’s transcript as required by the Penal Code of this state, including the indictment; a copy of the minutes of the trial; a copy of other minutes of the action, including the proceedings on motion and arrest of judgment and new trial; a copy of the written charges given by the court to the jury; a copy of the instructions requested by the defendants and refused by the court, and a copy of instructions requested by defendants and modified by the court, after given; also transcript of any oral charges; a copy of the judgment and any written or printed exhibits offered in evidence at the trial of the cause, and the defendants hereby request that an order of this court be made accordingly.”

After the appellants had completed their record upon appeal, a motion was made by the attorney-general to dismiss the appeal, which motion was granted by the District Court of Appeal. On petition therefor, a hearing in this court was granted and the motion to dismiss is before us for determination.