People v. Burns

This is a motion to dismiss the appeal of Jack Odell Burns on the ground that the notice of appeal was premature and therefore this court has no jurisdiction to entertain the appeal.

*330Defendant was charged with the crime of assault by means of force likely to produce great bodily harm. (Pen. Code, § 245.) He was found guilty of the offense. His counsel made a motion for a new trial which was denied on April 12, 1956. His counsel then made a motion for probation. On April 23, 1956, counsel for defendant filed a notice of appeal dated April 20, 1956, from the “judgment rendered in said action,…