Lewis

The motion of respondent to dismiss the appeal of defendant C. K. Lewis is before this court upon hearing granted after decision by the Appellate Court, See ond District, Division One, denying said motion. We are of the view that said appeal must be dismissed.

Defendants C. K. Lewis and A. B. Crist were jointly tried and convicted in the Superior Court of Los Angeles County of burglary and conspiracy to commit burglary. Judgments against them were rendered on December 1, 1932. On January 3, 1933, respondent filed notice of motion in the Appellate Court to dismiss the appeal taken by Lewis from said judgment. It appeared from the record on appeal as it then stood that neither defendant gave oral notice of appeal upon the pronouncement of judgment; that defendant Crist filed written notice of appeal on December 2, 1932, but that defendant Lewis did not file notice until December 5, 1932, which was beyond the two-day period after judgment prescribed by section 1239, Penal Code. The hearing on the motion to dismiss was continued from time to time at the request of Lewis, according to respondent. On April 22, 1933, said appellant filed notice of motion for diminution of the record,…