Silvers

The defendant was convicted of the crime of arson, and presents this appeal from the judgment and the order denying his application for a new trial. The attorney general, however, objects to the consideration by this court of any questions except such as are reviewable upon an appeal from the judgment, because there is nothing in the bill of exceptions showing that a motion for a new trial was made. There appears in the transcript, but not in the bill of exceptions, a paper purporting to be a motion for a new trial and the grounds thereof. Under rule 29 of this court and the decisions expounding its scope and effect, any points, therefore, which may be considered by this court only upon an appeal from the order we have no authority to review. (People v. Ruiz, 144 Cal. 251 , [ 77 Pac. 907 ]; People v. Durand, 1 Cal. App. 71 , [ 81 Pac. 672 ].)

The principal as well as the most serious point upon the merits presented for consideration by the record, and which is reviewable upon the appeal from the judgment, concerns and involves the ruling of the court admitting proof of an alleged confession of guilt of the appellant. The defendant, it appears, had been employed for some time by a…