Clayton

Upon a suggestion of diminution of the record, the defendant has applied to this court for a further transcription and certification of the testimony taken at the trial. (Pen. Code, sec. 1247c.) The application is supported by the affidavit of the defendant.

The attorney-general opposes the application for reasons to be hereinafter stated.

The defendant was, on the twenty-first day of November, 1916, found guilty by a jury, in the superior court of Sacramento County, of the crime of grand larceny. On the twenty-fourth day of said month the court pronounced its judgment of sentence upon the defendant, adjudging and decreeing that he be imprisoned in the state penitentiary, at Folsom, for the term of ‘ten years. Thereupon, G. W. Bedeau, counsel for the defendant, announced in open court “that the defendant appealed ... to the district court of appeal, in and for the third appellate district, from the final judgment of conviction, made, rendered and entered herein this day and from the whole thereof.”

On the twenty-ninth day of November, 1916, counsel for the defendant filed with the clerk of the court a written document purporting to be the notice prescribed by section 1247 of…