Nichols

The appellant was convicted of the crime of forgery, having previously admitted two prior convictions, and was sentenced to imprisonment in the state prison at Folsom. The minutes of the court show that immediately after judgment was pronounced, the following occurred:

The clerk’s transcript and the reporter’s transcript were both filed in this court. A motion to dismiss the appeal was made by the attorney-general on the ground that section 7 of rule II of the rules of the Supreme Court and the District Courts of Appeal has not been complied with, in that no application was presented to the trial court within five days after giving notice of the appeal, stating in general terms the ground of the appeal and the points upon which the appellant relies, and designating what portions of the phonographic reporter’s notes it would be necessary to have transcribed to fairly present the points relied upon. The transcripts disclose that no such application or statement were filed within five days after giving notice of the appeal, or at all.

Appellant offers two reasons why the appeal should not be dismissed. He first urges that leniency should be extended under the authority of People v.…