Davis

The defendant, having been convicted of the crime of grand larceny, complains, on this appeal from the judgment on the judgment-roll alone, that the trial court gave to the jury three erroneous instructions, which seriously prejudiced his rights.

There is a preliminary objection by the attorney general to the consideration of the record on this appeal based upon the ground that the defendant, against whom the judgment appealed from was pronounced after section 1239 of the Penal Code, as amended by the legislature of 1909, went into effect, failed to take an appeal under the new method of taking appeals in criminal cases as prescribed by said amended section. The specific contention is, of course, that this court has not acquired jurisdiction to review the record and the points for a reversal made by the appellant.

There is undoubtedly much force in this objection; but, as there appears to be little merit in the points urged by appellant for a reversal, and as the judgment was pronounced only a few days after the amended section went into effect, we shall not consider the objection against a review of the record.

There are three of the given instructions which the appellant…