263 P. 841 | Cal. Ct. App. | 1928
This is an appeal from a judgment of conviction of simple assault and from an order denying appellant's motion for a new trial. The respondent has made a motion to dismiss the appeal on the ground that appellant altogether failed to "present an application to the trial court stating in general terms the grounds of the appeal and the points upon which the appellant relies," as was required by section 1247 of the Penal Code on January 1, 1927, and thereafter until repealed, and which respondent claims is still required thereby by virtue of the saving clause which was made a part of section
[1] "The record on appeal shall be made up and filed in such time and manner as shall be prescribed in rules to be promulgated by the Judicial Council. Until such rules are promulgated, the time and manner provided by statutes in force on January 1st, 1927, shall govern." No rules have been promulgated by the Judicial Council. The only fair construction of the concluding clause of section
Having concluded that section 1247 relates to the time and manner of making up and filing the record on appeal, we are compelled by a uniform line of authorities, including People v.Flaherty,
Appeal dismissed.
Works, P.J., and Craig, J., concurred.
A petition by appellant to have the cause heard in the supreme court, after judgment in the district court of appeal, was denied by the supreme court on March 19, 1928.
All the Justices present concurred. *418