People v. Burnette

Defendant appeals from a judgment of conviction of rape by force and violence and from the order denying his motion for a new trial. This court has already passed upon two preliminary proceedings related to this appeal. In People v. Burnette, 34 Cal. App. (2d) 663 [94 Pac. (2d) 399], upon petition of appellant, a writ of supersedeas pending the appeal was granted on the ground that an examination of the reporter’s transcript demonstrated that the appeal was not frivolous. Thereafter, in Ex parte Burnette, 35 Cal. App. (2d) 358 [95 Pac. (2d) 684], a writ of habeas corpus based on a claim of…