People v. Clark

49 Cal. 455

Opinion

By the Court, McKinstry, J.:

In a criminal case an appeal is taken by filing with the Clerk of the Court below a notice of appeal, and serving the same (actually or constructively) on the “attorney of the adverse party,” (Penal Code, sections 1,240, 1,241.)

The transcript submitted to us does not show that an appeal was perfected in the above entitled action; it contains no evidence of service of the notice of appeal.

Submission set aside and cause stricken from the calendar.