Brown v. Prewett

Citations

• 94 Cal. 502
• 29 P. 951
• 1892 Cal. LEXIS 716

Syllabus

<p>Criminal Law—Bill oe Exceptions—Directory Statute — Excusable Delay in Presenting Bill — Duty of Judge. — The practice in preparing and presenting bills of exceptions in criminal cases is regulated by section 1171 of the Penal Code; but the rule of the statute as to timé of presenting the bill is directory, and the judge has power to settle a bill presented after the lapse of the statutory time, or of the time granted in addition thereto, and it is his duty to settle it, if the failure to comply with the statute is shown to have been unavoidable or excusable; hut if the delay is not excused, the judge may and ought to deny the application.</p> <p>ID,—Excusable Delay a Question of Fact—Discretion — Mandamus. —Whether or not the delay of a party in presenting a bill of exceptions is excusable is a question of fact to be determined by the judge acting judicially upon the evidence submitted pro and con, and his decision cannot be controlled by mandamus, unless his refusal 'to act involves an abuse of discretion.</p> <p>Id. —Blamelessness of Defendant. — The fact that a defendant in a criminal action is personally blameless for delay in presenting a bill of exceptions, although a fact to be considered by the trial judge in determining his action in settling the bill, is not conclusive.</p>