Schneider

Defendant was charged, jointly with Gracie Ann Lyons (count I) with inflicting cruel and inhuman corporal punishment on a child, in violation of section 273d of the Penal Code, and (count II) with causing or permitting the life or limb of that child to be endangered, in violation of subdivision (1) of section 273a of the Penal Code. 1 After a trial by the court, trial by jury having been duly waived, they were found *985 not guilty on count I and guilty on count II. Defendant’s motion for a new trial was denied and he was granted probation. He has appealed from the judgment (order granting probation) and from the order denying his motion for a new trial. 2 We dismiss the appeal from the nonappalable order denying a new trial and reverse the judgment (order granting probation).

The child involved, a boy aged two years, is the child of codefendant Lyons. Mrs. Lyons had begun to live with defendant some months before the episode herein involved. Shortly after they began cohabitation, she discovered that he was an epileptic. On November 21, 1968, Mrs. Lyons had left her son in the same room with defendant. She heard a scream, ran into the room and discovered defendant in an…