People v. Barton

Foote, C.

The defendant was convicted by the jury which tried him of "burglary in the first degree. He pleaded not guilty as to that charge, but admitted prior conviction of grand larceny as charged in the information.

The notice of appeal states that the appeal is taken from the judgment, from an order denying a motion in arrest of judgment, and from an order denying a motion for a new trial. But it nowhere appears that any such motions were ever made or acted upon.

There is no bill of exceptions in the record.

The first point made for a reversal of the judgment is, that the time appointed for…