Grider

Information for grand larceny, verdict of •guilty and sentence of imprisonment in state’s prison for two years. Appeal in open court from judgment and from order of court denying defendant’s motion for a new trial.

The attorney general objects to the consideration of the appeal from the order denying defendant’s motion for a new trial on the ground that, although such an appeal still exists under section 1237 of the Penal Code, by reason of the amendment of sections 1239, 1240 and 1241 in 1909, no method for taking such an appeal is now provided by law; that, prior to the amendments referred to, a method of appeal from the judgment or any order was provided by section 1239, whereas, now the appeal in open court is limited to the judgment and orders made after judgment, and therefore does not include orders relating to a motion for a new trial. While the view of the attorney general would be correct, if this matter were considered only in connection with the sections mentioned, under section 1259 of the Penal Code, all matters in the record may be reviewed by this court if properly presented. This objection is urged as affecting only the error assigned by the misconduct of the…