People v. Duncan

This is an appeal from an order denying motion for a new trial, appellant’s appeal from the judgment having been dismissed upon motion made by respondent for the reason that appellant’s application for probation was granted by the trial court and, therefore, no judgment was ever entered in the instant cause. (People v. Duncan, 48 Cal. App. (2d) 642 [120 Pac. (2d) 708].)

Upon his arraignment in the trial court and before he pleaded “not guilty” to the crime of grand theft, as charged in the information, appellant made his motion to set aside said information under section 995 of the Penal Code…