People v. Grant

[1] The only appeal we can consider in this case is the appeal from the order of the court denying the defendant's application to vacate and set aside its judgment, and his application for leave to withdraw his plea of guilty, which application was made by defendant after judgment on his plea of guilty and after the judgment of the trial court sentencing him to serve in the penitentiary. That such an appeal will lie is directly supported by the decision of our supreme court in the case of People v. Schwarz and Wallington, dated June 3, 1927,201 Cal. 309 [257 P. 71].

[2] In support of this…