An inspection of the record on file in this court discloses that no legal or proper notice of appeal was given. There was an oral notice of appeal made in open court by appellant, hut that is not a compliance with the law. The notice of appeal must he in writing and filed with the clerk of the trial court. Penal Code, par. 1044. Such written notice is jurisdictional. Territory v. Hunter, 4 Ariz. 197, 36 Pac. 175.

The appeal is dismissed.

FRANKLIN, C. J., and CUNNINGHAM, J., coneur. ■