Garrett

As shown by the return made by respondent to the writ of review which we issued in this proceeding, petitioner was tried upon a criminal complaint ir a recorder’s court. The trial was by jury and resulted in the return of a verdict of guilty on March 5, 1926. If we are to consider the docket of the recorder, copy of which was filed with respondent court and which appears as a part of the record brought to us in this proceeding, it appears that no judgment was pronounced in the action by the recorder. The docket shows, under the date just mentioned: “Jury returned verdict of guilty. Notice of appeal by Atty. Cook for defense.” On the next day petitioner filed with the recorder a written notice of appeal in which it was stated that she appealed to respondent court “from a judgment heretofore made and entered in the above-entitled action on the 5th day of March, 1926.” Pursuant to the appeal thus taken, or, at least, attempted to be taken, the cause came on for trial in respondent court, after an order had been made reversing “the judgment of conviction” in the recorder’s court and granting a new trial in respondent court. At the inception of the trial, and before a jury was called,…