McDougal

The defendant was charged - with contributing to the delinquency of a minor child; before any evidence was introduced defendant’s counsel objected to its introduction on the ground that the information did not charge a public offense; the objection was overruled, a trial was had, and a verdict of conviction was rendered; motion for new trial'was made, and denied. At the time fixed for pronouncing judgment and sentence the trial court made an order that the defendant be placed upon probation. The appeal purports to be from the order denying the motion for new trial, as well as from the judgment. the attorney-general moved to dismiss the appeal upon two grounds, the first of which was that the application required by section 1247 of the Penal Code had not been filed. The record did not at first contain this application, but it appears that it has since been filed, and has been added to the record on appeal, so that no further mention need be made of this point.

The second contention of the People as a basis for the motion is that it does not appear from the record that the defendant appeals from the final judgment of conviction and sentence. It is not clear whether or not this…