Glass

The petitioner having been convicted in the superior court upon a criminal charge, has appealed to the district court of appeal for the first district, which, in his case, is the proper court of review on direct appeal. For the purpose of the appeal he desires to prove an exception which he alleges the trial court has wrongfully refused to allow. For this purpose he has filed a petition in said district court of appeal, but the justices of that court being doubtful of their authority to grant the relief prayed without an order of this court transferring the matter to them for hearing and decision, he has made application here for such an order.

We do not deem it necessary to make any special order of transfer, as we think the district court of appeal has been given authority to act in such matters by the recent amendment to article VI of the constitution by which the court was created and its jurisdiction defined.

By section 4 of that article it is provided:

We are of the opinion that the provisions for proving exceptions (Code Civ. Proc., sec. 652; Pen. Code, sec. 1174), and for obtaining certificates of probable cause for appeal (Pen. Code, sec. 1243) being merely incidental…