People v. Carkeek

This is an appeal from an order denying a motion to set aside a final judgment of conviction of .the crime of burglary in the second degree which carried with it an adjudication that appellant was an habitual criminal under the provisions of section 644 of the Penal Code. The appeal is prosecuted under section 1237, subdivision 3, of the Penal Code, which provides that the defendant may appeal “from any order made after judgment affecting the substantial rights of the party”.

An information was filed against appellant, as follows:

“The District Attorney of the County of Tuolumne, State of…