Knight

This is a motion to dismiss an appeal for the reason that the transcript on appeal fails to show that an application stating the grounds of the appeal was filed by the defendant as required by section 1247 of the Penal Code. That the transcript is thus defective is conceded by appellant; but after the notice to dismiss the appeal was served on the attorneys representing appellant they procured from the judge of the superior court of Tulare County, before whom the action was tried, an order nunc pro hmc permitting appellant to file with the county clerk a copy of an original application by defendant for a complete record as specified by section 1247 of the Penal Code, which applica tion contained a specification of the grounds of appeal. Under rule 14 of the supreme court ( 176 Pac. xi ) appellant has suggested a diminution of the record, for the purpose of correcting the error, and has also asked for a.n order directing the clerk of this court to file herein a copy of his original application setting forth the various matters to the omission of which in the transcript on appeal objection is here made.

It is shown by the affidavits on file that the original application for a…