Cohen v. Wallace

Citations

• 107 Cal. 133
• 40 P. 101
• 1895 Cal. LEXIS 722

Syllabus

<p>Criminal Law—Bill of Exceptions—Transcript of Reporter’s Notes— Question and Answer— Settlement of Bill — Mandamus.—Where a bill of exceptions, as presented, is not a mere transcript of the reporter’s notes, but condenses the statement of the evidence, it is not ground of refusal to settle the bill that a considerable portion of the evidence is placed in the bill of exceptions by question and answer to point objections and exceptions taken and reserved; and the judge will be compelled by writ of mandate to settle the bill of exceptions.</p> <p>Id.—Evidence of Shorthand Reporter—Question and Answer.—Evidence taken upon the examination of a shorthand reporter as a witness, in reference to testimony claimed to have been given by the defendant upon a former occasion, is necessarily inserted in the bill of exceptions by question and answer in detail.</p> <p>Id.—Testimony Given by Talesmen.—The statement of testimony given by talesmen when sworn upon their voir dire is properly inserted by question and answer in the bill of exceptions.</p> <p>Id.—Mode of Stating Evidence—Discretion.—While as a rule a bill of exceptions should make as short and succinct a statement of the evidence as possible, either in narrative form, giving its substance, or by stating what the evidence tended to establish, yet no fixed rule can be laid down upon the subject; and in frequent instances it may be necessary to state the evidence by question and answer in order to lay before the court the exact statement of the witness, even though it may not be desired to point an exception, and it must be left largely to the discretion of the trial judge when settling the bill to determine the proper method to be pursued in any given case.</p> <p>Id.—Surplusage in Bill—Refusal of Settlement.—The fact that some things are stated in the bill of exceptions which might with propriety be left out of the bill is no ground for refusing to settle the bill, and the very purpose of the statute in requiring a sett