Pollock

The defendant was charged with murder of the second degree. He was twice convicted of manslaughter. The first judgment was reversed for failure to prove the venue of the crime. (People v. Pollock, 26 Cal. App. (2d) 602 [ 80 Pac. (2d) 106 ].) The defendant failed to plead former acquittal of the higher offense of murder. But respective counsel erroneously conceded he could not be convicted of an offense higher than manslaughter. The second jury, therefore, again found him guilty of manslaughter. The defendant made a motion for a new trial. The determination of that motion was delayed for twenty-five days after the rendering of the verdict. On the same date that the new trial was denied the court pronounced judgment of conviction against the defendant. The defendant and his attorney were then present in court. No objection to those proceedings was made. There was no motion in arrest of judgment. For the first time, on appeal, the jurisdiction of the court was challenged on the ground that the determination of the motion for new trial and the pronouncing of judgment were delayed beyond the limitation of time prescribed therefor in section 1191 of the Penal Code.

December 31, 1937,…