Reese

The defendant was convicted of the crime of manslaughter under an information charging him with the crime of murder.

The transcript does not show that an appeal has been taken from either the judgment or the order denying defendant’s motion for a new trial.

A certificate of the clerk of the trial court, on file in this court, discloses “that there never has been, nor is there now, any written Notice .of Appeal in said case of the People of the State of California vs. John Reese, Defendant, entered in the Clerk’s Register in my office, and that no Notice of Appeal of any kind whatever is to be found in any of the ree-t ords or papers in said case of the People of the State of California vs. John Reese, Defendant, in my office.”.

Judgment in this case was pronounced on May 12, 1909, and, as section 1239 of the Penal Code (Stats. 1909, p. 1086), which provides that an appeal from a judgment in a criminal ease may be taken by the defendant “by announcing personally or through his attorney in open court at the time the judgment is rendered that he appeals from the same, ” did not go into effect until June 21, 1909, it is very plain that the defendant, in order to have succeeded in…