Mario

The defendants above named were jointly charged, by information, filed by the district attorney of Plumas county, with the crime of robbery. They were given separate trials, and each was convicted of the crime charged in the information.

Each of the defendants appeals from the judgment under the method prescribed by section 1247 of the Penal Code, and, as one of the grounds of the appeal in each cause is the alleged insufficiency of the evidence to justify the verdict, the court below ordered, upon the application of the defendants, all the testimony in each case to be transcribed by the phonographic reporter, and said testimony, therefore, constitutes a part of the record on appeal in each case.

But counsel for the appellants have not filed a brief or points and authorities in either case. The transcript in each case was filed in this court on October 28,1911. Rule IV [ 160 Cal. xliii , 119 Pac. x ] of the supreme court provides that, “in criminal cases, the appellant shall file his points and authorities (with proof of service of a copy thereof on the attorney general) within ten days after the filing of the transcript, ’ ’ and rule V [ 160 Cal. xlvi , 119 Pac. x ] authorizes…