People v. Schad

The specification in the notice of appeal, of the order denying the defendant’s motion for a new trial, was unnecessary, since the statute provides that upon an appeal from the judgment the decision of the court on the motion for a new trial may be reviewed. Code Crim. Proc. §§ 485, 517. The conviction was of a felony, and the judgment pronounced was of imprisonment in the state-prison for the term of five years and eight months. The motion for a new trial was on the ground of misbehavior of the jury. The facts, in this respect, conceded to be true, are that after the jury had retired to…