Is a motion denying a motion for a new trial an appeal or is it not an appeal?

California, United States of America


The following excerpt is from People v. Allen, 144 Cal.Rptr. 6, 77 Cal.App.3d 924 (Cal. App. 1978):

2 Appellant purports to appeal from the order denying his motion for a new trial. Such order is nonappealable and the attempted appeal therefrom is dismissed. (Pen.Code, 1237; People v. Henderson (1977) 19 Cal.3d 86, 90, fn. 3, 137 Cal.Rptr. 1, 560 P.2d 1180.)

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