Barton

The defendant was convicted by the jury which tried him of "burglary in the first degree. He pleaded not guilty as to that charge, but admitted prior conviction of grand larceny as charged in the information.

The notice of appeal states that the appeal is taken from the judgment, from an order denying a motion in arrest of judgment, and from an order denying a motion for a new trial. But it nowhere appears that any such motions were ever made or acted upon.

There is no bill of exceptions in the record.

The first point made for a reversal of the judgment is, that the time appointed for pronouncing it was not at least two days after verdict, and is therefore in violation of section 1191 of the Penal Code.

The defendant seems to have made no objection at any time to this action of the trial court, and under the decision of the appellate court in People v. Mess, 65 Cal. 174 , the point made is without merit.

It is further claimed that, the offeifse being a felony, error is shown upon the minutes of the court, in that it is. there stated that the charge to the jury was given orally. It is true that subdivision 6 of section 1093 of the Penal Code requires that where the charge in…