Wilkins

The defendant was convicted of issuing a check in violation of section 476a of the Penal Code and appeals from the judgment and an order denying him a new trial.

The attorney-general has made a motion to dismiss the appeal upon the ground that the defendant failed to comply with the provisions of section 1247 of the Penal Code.

In so far as it is material to a consideration of the motion, that section reads as follows: “Upon an appeal being taken from any judgment or order of the Superior Court, to the Supreme Court, or to a District Court of Appeal, in any criminal action or proceeding where such appeal is allowed by law, the defendant, or the district attorney when the people appeal, must, within five days, 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 appellant relies, and designate what portions of the phonographic reporter’s notes it will 'be necessary to have transcribed to fairly present the points relied upon. If such application is not filed within said time, the appeal is wholly ineffectual and shall be deemed dismissed and the judgment or order may be enforced as if no…