People v. Godines

BISHOP, J., pro tem.

Appellant, convicted of perjury, appeals from the order denying her motion for a new trial and from the order denying her motion in arrest of judgment. The appeal from the latter order must be dismissed; it is not an appealable order. (Pen. Code, sec. 1237; People v. Rico, (1936) 14 Cal. App. (2d) 666 [58 Pac. (2d) 956].) Because a communication from the appellant to her husband was admitted in evidence over her objection, however, the appeal from the order denying a new trial has merit. We are of the opinion, furthermore, that both the substance of the sworn statement,…