Long

Appellant was informed against jointly with two other defendants upon a charge of robbery. He was given a separate trial and convicted, and on May 8, 1905, the day set for pronouncing judgment, placed on a conditional probation for the term of two years. Imposition of sentence was suspended, as provided by subdivision 1 of section 1203 of the Penal Code, in accordance with the terms of the order admitting him to probation. On August 25, 1906, he was accused of violating his parole, brought before the court, and, after a hearing, adjudged to have violated the conditions of his probation and engaged in criminal practices, and his probation was thereupon revoked and terminated, and he was arraigned for sentence and judgment of imprisonment in the state prison pronounced. Notice of appeal from this judgment was given August 29, 1906.

On June 18, 1907, pursuant to notice, appellant moved the court for an order directing the clerk to indorse upon a written motion for a new trial presented a certificate of its filing on the eighth day of May, 1905, and to make appropriate entries upon the register of criminal actions and other records of said court showing that said motion for a new…