Willmon

Defendant Craig and his codefendant Willmon appeal from a judgment entered pursuant to a verdict of the jury finding them guilty of grand theft and burglary. Willmon’s appeal appears to have been abandoned and hence must be dismissed. We therefore have confined this opinion solely to the contentions raised in the Craig appeal.

At the outset .of its brief, respondent points out that the judgment appealed from was filed on October 3, 1958, and that the notice of appeal was entered by the clerk on October 14. Respondent feels compelled to so state in order that “. . . the jurisdiction of this court can be properly established ...” The record further shows that following the filing of said notice, and pursuant to a request by Craig, this court appointed counsel to represent him on appeal; that following the filing of respondent’s brief, Craig filed with this court an affidavit wherein he avers that on October 10, 1958, while in custody at the California Medical Facility at Vacaville, ”... I went to the legal clerk’s office at the Reception Guidance Center . . . and I wrote a letter to the County Clerk of Sutter County stating that I wished to appeal my case ... I handed the letter to…