Abbey

Defendant was charged in Count 1 with intercepting a telephone communication between “Sylvene D. Happennie and persons at the Bank residence in Los Angeles.” In Count 2 he was charged with intercepting a telephone communication between Arthur W. Happennie and Ralph Walsh. He was found guilty of both counts. Defendant has appealed from the judgment. He has also attempted to appeal from the order denying his motion for a new trial but since such an order is not now appealable, the purported appeal therefrom must be dismissed.

In view of the nature of defendant’s attack upon the judgment, it is necessary to give the factual picture in considerable detail. On April 18, 1962, Peggy Bollard accompanied defendant in his 1962 Mercury to a position west of Cold-water Canyon off Mulholland Drive. They arrived at approximately 6:45 p.m. and remained there for some two and one half hours. Defendant told Peggy that he was going to listen to and record some telephone conversations and that he had been at this location many times before for the same purpose. Peggy had met defendant while he was working for her sister in a divorce action and had been advised that he was a private…