Tomalty

The defendant was charged by indictment with a felony under sections 113 and 114 of the Penal Code. Upon his trial he was found guilty as charged, and upon judgment being pronounced against him he appealed to this court from the. judgment, and the orders denying his motions in arrest of judgment and for a new trial. The order denying defendant’s motion in arrest of judgment is not appealable (Pen. Code, sec. 1237), but this is of no consequence, for any error committed by the court in denying such motion is reviewable on appeal from the judgment (Pen. Code, see. 1259).

Section 113 of the Penal Code provides that “Every officer having the custody of any record, map or book, or of any paper or proceeding of any court, filed or deposited in any public office, or placed in his hands for any purpose, who is guilty of stealing, willfully destroying, mutilating, defacing, altering or falsifying, removing or secreting the whole or any part of such record, map, book, paper or proceeding, or who permits any other person so to do, is punishable by imprisonment in the state prison not less than one year nor more than fourteen years.”

Section 114 of the Penal Code provides that “Every person…