People v. May

The defendant was convicted of the crime of robbery of the second degree. He moved for a new trial, which was denied. He was thereupon sentenced to imprisonment in the state prison. He duly gave notice of appeal, but failed, within five days thereafter, or at any time, to file with the clerk or present to the court an application for a transcript of the phonographic reporter’s notes of the trial, as required by the provisions of section 1247 of the Penal Code. One of the provisions of that section reads as follows: “If such application is not filed within said time, the appeal is wholly…