Opinion
Docket No. 3342.
August 7, 1940.
APPEAL from a judgment of the Superior Court of Los Angeles County and from an order denying a new trial. Frank M. Smith, Judge. Affirmed.
The facts are stated in the opinion of the court.
No appearance for Appellant.
Earl Warren, Attorney-General, and Burdette J. Daniels, Deputy Attorney-General, for Respondent.
[1] April 8, 1940, the transcripts on appeal were filed in this court. Thereafter, the time for filing briefs having elapsed, an order to show cause why the appeal should not be dismissed was issued, returnable June 26, 1940. On the latter date there was no appearance on behalf of appellant, either by brief or otherwise.
Therefore, pursuant to the provisions of section 1253 of the Penal Code the judgment and order of the trial court are and each is hereby affirmed.
Moore, P.J., concurred.