Lillywhite v. Superior Court

The question involved in this proceeding is as to whether or not, in view of the provisions of section 1467 of the Penal Code, a written notice of appeal is required on the taking of an appeal from the justice’s court to the Superior Court in a misdemeanor case.

The defendant was found guilty of a misdemeanor, a motion for a new trial was made and overruled, and judgment was pronounced. Thereupon, in open court, his attorney announced that he appealed from the. judgment and the order denying such motion. No written notice of appeal was either filed or given. Later a time was set for hearing…