Davis

Appellant was convicted of the crime of grand theft and sentenced to serve the term prescribed by law in the state penitentiary at Folsom. He appealed from judgment and order denying his motion for new trial but failed to file with the clerk and present to the trial court the application required under subdivision seven, rule II, of the Rules of the Judicial Council for Supreme and District Courts of Appeal, adopted June 1, 1928. Judgment was pronounced on defendant on October 28, 1929. An oral notice of appeal was given by him the same day, which was followed by a written notice of appeal on November 1, 1929. On the same day he filed a written request for a transcript.

The attorney-general has moved for a dismissal of the appeal because of appellant’s failure to conform to the requirements of subdivision seven of said rule II, which reads as follows: “Upon an appeal by the defendant from a judgment of conviction or from an order denying his motion for 'a new trial, or from an order made after judgment, or upon an appeal by the people from an order granting a new trial, or from an order setting aside an indictment, information or accusation, or from an order made after judgment,…