Rutledge

Appellant was convicted in the Superior Court of Tulare County of the offense of issuing checks drawn upon certain banks wherein he did not have on deposit sufficient funds to meet said cheeks upon their presentation. Judgment was pronounced on May 1, 1931, on which day appellant gave written notice that he appealed from the judgment. The notice and application for a transcript of the phonographic reporter’s notes required to be filed under the provisions of section 7 of rule 2' of the Rules of the Judicial Council of the state of California promulgated for the Supreme Court and the District Courts of Appeal, was not filed. Respondent moves to dismiss the appeal upon the ground that said application has not been filed in conformity with the provisions of the said rule hereinabove mentioned. Section 7 of said rule 2 provides that upon an appeal by a defendant from a judgment of conviction the appellant must, within five days after giving notice of the appeal, file with the clerk of the court and present an application to the trial court stating in general terms the grounds of the appeal and the points upon which appellant relies, and designate what portions of the phonographic…