People v. Alves

SHAW, J. *

The plaintiff has filed a notice of appeal “from the judgment for the defendant upon the sustaining of his demurrer to the complaint.” On examining the record we find no such judgment.

The clerk’s transcript shows that defendant pleaded not guilty and the case came on for trial, and then the defendant was allowed to withdraw his plea and to file a demurrer. The demurrer was later “sustained without leave to amend.” The trial court at the same time filed an opinion which stated the same ruling just quoted. Nowhere in the minutes or in this opinion is any further action stated which…