Schroeder

The appellant was convicted of the offense of grand theft in the Superior Court of Orange County and judgment was pronounced on November 22, 1930, on which day the appellant gave oral notice of appeal. No written notice of appeal was filed. The notice and application provided for by section 7 of rule II of the Judicial Council, promulgated for the Supreme Court and District Courts of Appeal, was filed on November 29,1930. Respondent moves to dismiss the appeal upon the ground that said application was not filed within the time provided in said section 7, which reads in part as follows: “Upon an appeal by the defendant from a judgment of conviction or from an order denying his motion for a new trial, or from an order made after judgment, or upon an appeal by the people from an order granting a new trial, or from an order setting aside an indictment, information or accusation, or from an order made after judgment, the appellant must, within five days after giving notice of the appeal, file with the clerk and present an application to the trial court, stating in general terms the grounds of the appeal and the points upon which the appellant relies, and designate what portions of the…