Robinson

The defendant was convicted of the crime of embezzlement. He has appealed only from the order of the lower court refusing him a new trial and denying his motion in arrest of judgment.

The attorney general, upon behalf of the people, has interposed a preliminary motion to dismiss the appeal upon the grounds (1) that an order denying a motion in arrest of judgment is not appealable; (2) that there is no statutory procedure provided for the presentation to this court of an appeal from an order denying a motion for a new trial in a criminal case, and, therefore, if such an order can be reviewed at all, it must come here upon an appeal from the judgment.

It is clear that no appeal lies in a criminal case from an order denying a 'motion in arrest of judgment, and, therefore, the appeal in this case, in so far as it relates to the order denying defendant’s motion in arrest of judgment, cannot be considered. (People v. Markham, 64 Cal. 157 , [ 49 Am. Rep. 700 , 30 Pac. 620 ]; People v. Majors, 65 Cal. 100 , [ 3 Pac. 401 ]; People v. Henry, 77 Cal. 446 , [ 19 Pac. 830 ] ; People v. Cline, 83 Cal. 374 , [ 23 Pac. 391 ] ; People v. Dolan, 96 Cal. 315 , [31 Pac. 107]; People v. Sansome, 98…