Salas

Defendant was found guilty of larceny from the person of another on November 7, 1904. His motion for a new trial was denied, and on the same day judgment was made and entered by which he was sentenced to the state prison for three and one-half years. On January 11, 1905, notice of appeal from the judgment and order denying a new trial was filed in the office of the clerk of the court, but was not served upon the adverse party or his attorney, or any other person, except it be said that the service by the clerk of the printed transcript containing such notice of appeal, which was served upon the district attorney on January 19, 1905, is such service. Conceding, without deciding, that the service of such transcript and the acknowledgment of the district attorney of its receipt were the equivalent of a notice of appeal, more than sixty days having elapsed, however, before even this notice was served, the same was ineffectual under any view as an appeal from the order denying a new trial. Treating the appeal from the judgment as perfected, we have examined all orders and rulings involving the merits, or which may have affected the judgment.

Appellant contends that prejudicial error…