McClellan

This is an appeal from a judgment of conviction of simple assault and from an order denying appellant's motion for a new trial. The respondent has made a motion to dismiss the appeal on the ground that appellant altogether failed to "present an application to the trial court stating in general terms the grounds of the appeal and the points upon which the appellant relies," as was required by section 1247 of the Penal Code on January 1, 1927, and thereafter until repealed, and which respondent claims is still required thereby by virtue of the saving clause which was made a part of section 1246 of the Penal Code, adopted at the same time that section 1247 was repealed. The appeal was taken subsequent to the repeal of section 1247. Section 1246 now reads as follows:

“ The record on appeal shall be made up and filed in such time and manner as shall be prescribed in rules to be promulgated by the Judicial Council. Until such rules are promulgated, the time and manner provided by statutes in force on January 1st, 1927, shall govern.” No rules have been promulgated by the Judicial Council. The only fair construction of the concluding clause of section 1246 is that all those statutes…