In Re Bathurst

The petitioner was charged in the municipal court of the city of Los Angeles with petty theft, was tried by the court without a jury, and convicted. Oral notice of appeal to the superior court was given in open court, and a motion for new trial was interposed after sentence was pronounced and said notice had been given. The motion for new trial was granted, and thereafter on the date set for retrial of the cause in the municipal court, the order granting a new trial was set aside upon motion of the city prosecutor, upon the ground that it had been granted after sentence was pronounced, and a commitment issued. A writ of habeas corpus on behalf of the petitioner was prayed for in this court, and it then appearing that the motion for new trial. had been filed and granted subsequently to the oral notice of appeal, and that said appeal had been perfected, though no statement was filed in the superior court, the writ was granted and the petitioner discharged from custody. ( 94 Cal. App. 641 [ 271 Pac. 781 ].) We there said: “It must be obvious from the observations so far made that an appeal once perfected is pending in the appellate tribunal until dismissed by that court. The…