Foster

This is a motion by respondent to dismiss the appeal on the ground that the appellant has failed to conform to the requirements of subdivision 7 of Rule II of the rules established by the Judicial Council for the Supreme Court and District Courts of Appeal, in that an application stating in general terms the grounds of the appeal and the points upon which the appellant relies, and designating what portion of the phonographic reporter’s notes it will be necessary to have transcribed to fairly present the points relied upon, was not made within five days of giving notice of appeal or at all.

It appears that the appellant was convicted by a jury of the crime of robbery and judgment was pronounced on March 31, 1933. On April 3, 1933, the appellant filed a written notice of appeal and on the same day filed a request for a transcription of the phonographic reporter’s notes. The record before us fails to disclose any application or statement containing the grounds of the appeal and the points upon which the appellant relies, or any designation of the portion of the phonographic reporter’s notes necessary to be transcribed in order to fairly present the points relied upon.

The appellant…