Vincent

The appellant Harold Vincent was convicted of robbery in the second degree and sentenced to serve the term prescribed by law in the state penitentiary at San Quentin. Judgment was pronounced on April 6', 1931, and on the same day defendant gave oral notice of appeal from the ‘ ‘ judgment of conviction ’ ’. On April 8,1931, written notice of appeal was filed, stating that the defendant appealed from the judgment and from the order of the court denying his motion for a new trial. The motion for a new trial was dated March 30, 1931, and was filed the following day. The motion stated, among other things, that the defendant “moves the above-named court for a new trial under section 1181 of the Penal Code and all subdivisions thereunder and amendments thereto and more especially under subdivisions 4, 5, 6, and 7” and “that since the rendition of said verdict against said defendant, said defendant has discovered new evidence material to defendant’s case, which, if produced at the trial of the case, would have resulted in a different verdict”. The motion for a new trial was denied April 6, 1931. An application for a transcript of the phonographic reporter’s notes was filed April 8, 1931,…