People v. Appellate Department of Superior Court

THE COURT.

The petitioner seeks by this proceeding to prohibit the respondent appellate department from entertaining a certain appeal pending before it.

Golden State Motors and one Oliver Pezel were convicted in the municipal court of the city of Los Angeles of a violation of section 654a of the Penal Code. Within due time and on February 1, 1936, they filed a written notice of appeal from the judgment of conviction. On February 5, 1936, they served and filed the reporter’s transcript on appeal which was “settled” as the statement on appeal by the judge of the municipal court on February 13,…