Lillywhite

The question involved in this proceeding is as to whether or not, in view of the provisions of section 1467 of the Penal Code, a written notice of appeal is required on the taking of an appeal from the justice’s court to the Superior Court in a misdemeanor case.

The defendant was found guilty of a misdemeanor, a motion for a new trial was made and overruled, and judgment was pronounced. Thereupon, in open court, his attorney announced that he appealed from the. judgment and the order denying such motion. No written notice of appeal was either filed or given. Later a time was set for hearing the appeal, but on motion of the district attorney it was dismissed on the ground that no written notice of appeal had been filed, and by this proceeding in mandamus it is sought to require the Superior Court to place the appeal upon its calendar and hear the same.

The issue arises from an alleged conflict between the provisions of sections 1239 and 1467 of the Penal Code. Title IX, part II, of the Penal Code contains the provisions for appeal to the supreme court. One of the sections therein is number. 1239, which reads: “An appeal from a judgment may be taken by the defendant by announcing…