Allison

The defendant was, by information filed in the superior court of Shasta County by the district attorney thereof, charged with the crime of murder, and was convicted by the jury of the crime of manslaughter.

This is an appeal by him from both the judgment and the order denying his motion for a new trial.

The transcript of the testimony was filed in this court on the fifteenth day of March, 1915; but the defendant has not filed points and authorities and made no appearance by attorney or otherwise when the cause was regularly called for hearing and argument. The attorney-general, therefore, submitted the cause upon the record.

Rule II of the supreme court ( 160 Cal. xliii [ 119 Pac. x ]) provides that, “in criminal cases, the appellant shall file his points and authorities (with proof of service of a copy thereof on the attorney-general) within ten days after the filing of the transcript,” and rule V ( 160 Cal. xlvi [ 119 Pac. x ]) authorizes a dismissal of the appeal where such points and authorities are not so filed. “The reason of the last mentioned rule is that, since an appeal presupposes at least some debatable ground of complaint against the verdict and the manner of its…