People v. Buck

The defendant, having been sentenced to death upon conviction of murder, appeals from the judgment and from an order denying his motion for a new trial. He has also given notice of an appeal from an order denying his motion for a postponement of the trial; but since the ruling upon that motion is reviewable on appeal from the judgment, there is no necessity and no provision for a separate appeal. (Pen. Code, secs. 1173 (subd. 2), 1237.) To obtain a review of an order denying a continuance in a criminal cause, it is necessary to incorporate the motion, evidence, and ruling in a bill of…