Flaherty

In the court below the defendant was convicted of the crime of receiving stolen property—a felony. She gave notice of appeal from the judgment and from an order denying her motion for a new trial. A clerk’s transcript and a reporter’s transcript are on file in this court. The attorney-general moves for dismissal of the appeal upon the ground that the record does not show that an application stating the grounds of appeal was filed by the defendant as required by section 1247 of the Penal Code. It does appear in the clerk’s transcript that on the same day when she gave her notice of appeal the defendant filed with the clerk a request that the court make an order directing the reporter “to make a transcript of the testimony taken at the trial of said cause, to be used on appeal,” but did not state the grounds of appeal or the points on which appellant relies.

Several times it has been held that the provisions of said section 1247 are mandatory. The section itself declares that “if such application is not filed within said time, the appeal is wholly ineffectual and shall be deemed dismissed and the judgment or order may be enforced as if no appeal had been taken.” (People v. Ali, 38…