McCree

Appellant was convicted of a violation of section 606 of the Penal Code, a felony, to wit, in that she did wilfully and intentionally injure a public jail or place of confinement. She appeals from the judgment and from the order denying a new trial.

By an information, appellant was charged in Count I with the crime of arson, as set forth in section 448a of the Penal Code, and in Count II with a violation of section 606 of the Penal Code, to wit, the wilful and intentional injury of a public jail or place of confinement.

The jury found appellant guilty of injuring a jail as charged in Count II of the information, and not guilty of arson as charged in Count I of the information. A motion for a new trial was made by appellant and denied by the court. The matter was then referred to the probation officer pending pronouncement of judgment and sentence, and on October 13, 1953, the court placed appellant on probation for the term of one year and exonerated her bond.

Respondent contends that this appeal was taken from the judgment of conviction and from the order denying a new trial, and as there was no judgment entered other than the order granting probation to the appellant, the…