
    [Civ. No. 153.
    Second Appellate District.
    February 1, 1910.]
    THE PEOPLE, Respondent, v. L. C. WHALEY, Appellant.
    Criminal Law—Appeal—Default of Appellant—Affirmance.— Where, after the filing of the transcript in a criminal ease, it is regularly placed on the calendar for hearing and the defendant fails to appear or to file any points and authorities in support of the appeal, and the time therefor has expired, the judgment and order appealed from will be affirmed as provided in section 153 of the Penal Code.
    APPEAL from a judgment of the Superior Court of Los Angeles County, and from an order denying a new trial and from another order. Prank R. Willis, Judge.
    The facts are stated in the opinion of the court.
    Palmer & Mahan, and William M. Tisdale, for Appellant.
    U. S. Webb, Attorney General; and George Beebe, Deputy Attorney General, for Respondent.
   THE COURT.

The transcript herein having been filed November 26, 1909, and it appearing that the cause was regularly placed upon the January calendar, and on January 24, 1910, duly called for hearing, and appellant not appearing, and the time for filing points and authorities having expired and no points and authorities having been filed in support of the appeal,

It is, therefore, ordered that the judgment and orders appealed from be and the same are affirmed, as provided in section 1253 of the Penal Code.  