Young

The attorney-general has moved to dismiss this appeal upon the ground that appellant has not filed any statement of his ground of appeal or any points upon which he will rely.

Section 7 of Rule II of the Rules for the Supreme Court and District Courts of Appeal, provides in part as follows : ‘ The appellant must, within five days after giving notice of the appeal, file with the clerk and present an application to the trial court, stating in general terms the grounds of the appeal and the points upon which the appellant relies, and designate what portions of the phonographic reporter’s notes it will be necessary to have transcribed to fairly present the points relied upon. If such application is not filed within said time, the appeal shall be dismissed; provided, that the appeal shall not be dismissed for any defect in the statement of such grounds or points which does not affect the substantial rights of the respondent.”

The record before us discloses that a motion for new trial was denied and judgment pronounced upon appellant on the second day of December, 1933. Thereupon in open court appellant announced his appeal to this court from the order denying his motion for new trial…