Steffner
People v. Steffner
Opinion
Lead Opinion
Glenn, J.
Defendant was convicted in the superior court of the county of Lassen of the crime of obtaining money by false pretenses. Motion for new trial was made and denied; whereupon judgment was pronounced against defendant. The appeal is from the judgment only. No attack is made upon the sufficiency of the amended information under which the conviction was had. We will dispose, preliminarily, of two points. At the time of the filing of respondent’s brief herein the record did not disclose the fact that appellant had filed with the clerk and presented an application to the trial court stating in general terms the grounds of the appeal and the points upon which appellant relied, as required by section 1247 of the Penal Code. The record has since been amended, showing compliance with that section. Respondent contends, in a supplemental brief, that as there was no appeal from the order denying motion for new trial, the sufficiency of the evidence to support the verdict cannot he reviewed. The identical point thus raised was carefully considered, and decided by this court adversely to respondent’s contention, in the case of People v. Clayton, 33 Cal. App. 357 [ 165 Pac. 37 ]. The various code…