People v. McManners

The defendants were convicted of the crime of burglary and from the judgment entered the appellant filed notice of appeal. On the same day he filed a written request for a transcript. Shortly after the transcripts were filed in this court the respondent filed a notice of motion to dismiss the appeal, noticing the same for December 11, 1934. Notice of this motion was served on the attorney for the appellant on November 23, 1934. No appearance in this court has been made for the appellant and the motion to dismiss was not opposed.

The notice, as made, is based upon the ground that the…