Bentson

The defendant was found guilty by a jury of violating section 1% of chapter 559, Statutes of 1929, which reads as follows:

The amount of money delivered by the complaining witness to the defendant and not returned was $260. The verdict in this case was rendered October 18, 1932, and after various continuances, probation was granted the defendant on December 16, 1932. On that same date the court had denied motions for dismissal, for arrest of judgment,' and for a new trial, the latter motion being grounded on sections 1191 and 1202 of the Penal Code; in other words, the defendant claiming then and now that judgment was not pronounced against him within the time prescribed by law in the first mentioned section, and that, therefore, he is entitled to a new trial under the provisions of the second. Defendant gave oral notice of appeal at the time his various motions were denied and sentence imposed. The written notice of appeal is “from Order denying motion for a new trial under P. C. 1191 and Order denying Motion for Arrest of Judgment in the above entitled case and judgment of probation sentence herein”.

An order denying motion to arrest judgment is not among the orders from which…