People v. Appellate Department of Superior Court

The petitioner seeks by this proceeding to prohibit the respondent appellate department from entertaining a certain appeal pending before it.

Golden State Motors and one Oliver Pezel were convicted in the municipal court of the city of Los Angeles of a violation of section 654a of the Penal Code. Within due time and on February 1, 1936, they filed a written notice of appeal from the judgment of conviction. On February 5, 1936, they served and filed the reporter’s transcript on appeal which was “settled” as the statement on appeal by the judge of the municipal court on February 13, 1936. No other statement was filed or, served by the appealing defendants. Subsequently the People filed in the respondent court a motion to dismiss the appeal on the ground that the defendants had not served and filed any statement setting forth the grounds upon which they intended to rely upon the appeal from the judgment. The motion was *58 denied and upon the filing of the petition herein an alternative writ of prohibition was issued.

It is contended that because the transcript so filed did not contain a statement of the grounds of the appeal, and no such separate statement was filed, the effect is…