People v. Dailey

Defendant appeals from conviction by the court, jury trial having been waived, of violation of section 217, Penal Code (assault with intent to commit murder).

Questions Presented

1. Was there a constructive filing of the notice of appeal within the prescribed time ?

2. Did the court abuse its discretion in denying defendant’s motion for a second sanity hearing ?

1. Notice of Appeal.

Rule 31 (a), Rules on Appeal, requires that notice of appeal in a criminal ease (with certain exceptions not applicable here) be filed with the clerk of the superior court “within 10 days after the rendition of the…