Rhodes

On September 20, 1928, judgment was entered against the defendant convicting him of the crime of burglary. Prom that judgment no appeal was taken. Thereafter the defendant served notice that he would move the court for an order to annul, vacate and set aside the judgment of conviction. That motion was made and thereafter it was denied. Prom the order denying said motion the defendant has appealed and has brought up a typewritten transcript certified by the clerk of the trial court. However, he has not brought up a reporter’s transcript.

Thereafter the clerk prepared a supplemental transcript, which was received in this court on January 8, 1934, and the reporter prepared a transcript of the proceedings had at the time of the arraignment for judgment. The latter transcript was received and filed January 17, 1934. From an inspection of the record as so made up it cannot be ascertained what evidence, if any, was offered in support of the defendant’s motion to annul, etc. In the notice it was recited that: “Said motion will be made and based on the files, papers, proceedings and records of the above entitled case now on file in the office of the county clerk of the county of Monterey,…