27 P.2d 765 | Cal. Ct. App. | 1933
THE COURT.
Appellant, with two others, was accused of the crime of murder. Appellant Rogers appealed from the judgment and from an order denying his motion for a new trial. Both the judgment and order were affirmed by *562
decision filed July 3, 1933 (
[1] It appears to be certain that appellant had no right to a second motion for a new trial, and that the court was without jurisdiction to grant the same. The fact that the motion was made after pronouncement of judgment is itself an answer to this appeal. "The application for a new trial must be made before judgment, and the order granting or denying the same must be immediately entered by the court in the minutes." (Pen. Code, sec. 1182.) As was said in People v. Paysen,
The order is affirmed.