DORAN, J.
Defendant was found guilty of grand theft by the jury. A motion for a new trial was argued and denied. Judgment was entered October 15, 1953. No appeal was taken from the judgment or order denying the motion for a new trial. The record reveals, as recited in respondent's brief that, "... on or about April 23, 1954, the defendant filed with the Clerk of the Superior Court, a `Motion for the trial records,' noticing it for hearing `for
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