People v. Egan

THE COURT.

Appellant, with two others, was accused of the crime of murder. Appellant Rogers appealed from the judgment and from an order denying his motion for a new trial. Both the judgment and order were affirmed by decision filed July 3, 1933 (133 Cal. App. 152 [23 Pac. (2d) 1042]), and remittitur was sent down August 3, 1933. On July 31, 1933, pursuant to notice given by appellant, he presented to the superior court a second motion for a new trial, which motion on August 4th was by said court “denied for lack of jurisdiction to entertain or pass upon said motion”. It is from this order…