Hansen

This matter comes to us upon a petition for a writ of mandate directed to the Judge and Clerk of the Municipal Court of Los Angeles, to compel certification of statement upon appeal.

Petitioner was charged with vagrancy and convicted in said Municipal Court and sentenced to serve ninety days in the county jail on May 23, 1929. On the same day motion for new trial was made and denied and oral notice of appeal was given. Thereafter a substitution of attorneys occurred and on June 7, 1929, petitioner filed written notice of appeal. On June 12, 1929, a written statement of grounds of appeal was served and filed. The court refused to certify said statement upon appeal upon the ground that it was filed too late; since the oral notice of appeal was given on May 23, 1929, it was held that the time for serving and filing said statement expired on May 28, 1929.

Petitioner seeks the writ of mandate upon the ground that the oral notice of appeal was ineffectual; that sections 1467 and 1468 of the Penal Code, have repealed section 1239 of the Penal Code, with reference to the procedure upon áppeal. Although conceding that the argument is concluded against her upon this point, by the case of…