This is a motion to affirm the judgment under the provisions of section 1253 of the Penal Code.

. The clerk’s and reporter’s transcripts were filed in the office of the clerk of this court on October 16, 1939. The case was placed for argument on the calendar of November *47614, 1939. No brief or appearance has been filed or made for defendant.

The judgment is affirmed.

Barnard, P. J., and Griffin, J., concurred.