Schwarz

Appellant has filed herein her petition for leave to renew application to admit defendant to bail pending appeal. A statement of the previous record on appeal will aid in understanding this application.

On April 7, 1926, and prior to the filing of any transcript on appeal, petitioner filed an application for stay of execution of the judgment. Disposition of this application was made by the second district court of appeal, in division two, in a short opinion (People v. Wallington, 77 Cal. App. 366 [ 246 Pac. 815 ]), which reads as follows: “By the Court: It appears from the face of the application for a stay of execution of the judgment under section 1243 of the Penal Code that the appeal from the judgment is abortive and that the order made after judgment necessarily must be affirmed. The appeal from the judgment was not taken in time. (Pen. Code, sec. 1239; Starr v. Superior Court, 23 Cal. App. 670 [ 139 Pac. 241 ].) The sufficiency of the indictment could not be questioned on the motion made in the lower court to set aside the judgment after it had become final. (People v. Mooney, 178 Cal. 525 [ 174 Pac. 325 ]; People v. Reid, 195 Cal. 249 [36 A. L. R. 1435, 232 Pac. 457 ].)…