264 P. 519 | Cal. Ct. App. | 1928
This appeal is from a judgment of conviction of the unlawful possession of stills, coils, and apparatus used in the manufacture of intoxicating liquor, and from an order denying a motion for a new trial. The *291
respondent has made a motion to dismiss the appeal upon the ground that appellant 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 required by section 1247 of the Penal Code. It is there also said: "If such application is not filed within said time (five days from the time the appeal is taken) the appeal is wholly ineffectual and shall be deemed dismissed." We recently held that this section is applicable to appeals taken subsequent to the amendment (Stats. 1927, p. 1047) of section
[1] The appellant seeks to escape the force of the statutory provision that the appeal is wholly ineffectual and shall be deemed dismissed upon his failure to present the application by urging that the grounds upon which he relies are fully stated in his motion for a new trial to which reference is made in his notice of appeal. It is said in People v. Flaherty,
Counsel also relies upon a statement found in the case ofPeople v. McDougal,
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 April 16, 1928.
All the Justices concurred.