PEOPLE v. BROOKS (1934)

By an amended information filed by the district attorney of Tulare county, appellant was charged with the crime of an assault upon the person of another by means of force likely to produce great bodily injury. This appeal is from the judgment and from an order denying probation.

An order denying probation is not an appealable order. People v. Freithofer, 103 Cal. App. 165, 284 P. 484. Furthermore, there is no such order in the record. The clerk's transcript contains an order granting appellant probation.

Appellant maintains that the evidence does not support the judgment. The complaining witness testified that without cause or provocation appellant struck him with his clenched fist. The blow caused a compound fracture of the jaw. This evidence is sufficient to support the judgment. People v. Hinshaw, 194 Cal. 1, 227 P. 156; People v. Kimmerle, 90 Cal. App. 186, 265 P. 525.

Appellant urges that the trial court erred in overruling an objection of his counsel to a question propounded by the district attorney to a witness. The record shows that the ruling was proper and the evidence adduced was material and competent.

The attempted appeal from the order denying probation is dismissed.

The judgment is affirmed.

MARKS, Justice.

We concur: BARNARD, P. J.; JENNINGS, J.