Colon

The defendant was convicted of the crime of grand larceny, charged to have been committed on the eighth day of June, 1897, in the county of Solano, by feloniously stealing, taking, and carrying away from the person of one Charles Miller the sum of thirty-six dollars, lawful money of the United States. He moved for a new trial, upon the ground that the evidence was insufficient to establish his guilt beyond a reasonable doubt, and his motion was denied. Thereupon the court pronounced judgment that he he imprisoned in the state prison at Folsom for the period of one year.

In the transcript presented here no copy of any notice of appeal, is set out, and the only reference to any such notice is that found in the certificate of the clerk of the court below attached to the transcript, in which he certifies “the foregoing to he full, true, and correct copies of the information,” etc., “and also of the notice of appeal duly filed herein.”

As the record contains no copy of any notice of appeal, and as it cannot therefore he seen from what the appeal was taken, *669 or that the notice was ever served upon the attorney of the adverse party, the attorney general suggests that there is…