Hartman

Defendant was convicted by a jury upon an information charging a violation of section 270 of the Penal Code, the charging portions of said information being as follows:

No appeal lies from a motion in arrest of judgment or from the verdict. (People v. Lonnen, 139 Cal. 634 , [ 73 Pac. 586 ].) Nor is there an appeal, so far as we are advised, from the order suspending judgment and placing defendant on probation.

The attorney-general makes the point that “while the Penal Code has not repealed the section which states that in a criminal ease a defendant may appeal from an order denying a motion for new trial”—section 1237 specifically provides that an appeal may be taken by a defendant from an order denying a motion for a new trial—“the statute has utterly failed to provide machinery for taking an appeal” from such order. . . . “Up to this time neither the supreme court nor the district court of appeal has made or formulated any rule providing how a defendant shall take an appeal from an order denying a motion for new trial in a criminal ease. ” It is pointed out that prior to the amendment of section 1240 of the Penal Code (Stats. 1909, p. 1086) the appeal from such order was taken…