People v. Gardner

BISHOP, J. pro tem. *

The defendant, charged with having in his possession a preparation of heroin, was tried before the judge, sitting without a jury, and found guilty. On May 16, 1958, the defendant filed his notice of appeal “from the order and judgment . . . made and entered on the 7th of May, 1958, denying defendant’s Motion for New Trial and adjudging defendant guilty as charged, and sentencing defendant to the State Prison. ...” This we interpret as an appeal; (1) from the action of the trial judge, taken on April 2, finding the defendant guilty as charged; (2) from the order denying…