People ex rel. Smith v. Keyser

Citations

• 53 Cal. 183
• 1878 Cal. LEXIS 102

Syllabus

<p>Practice in Criminal Cases—Extending Time for Piling Bill of Exceptions.—It is within the power of the Court to extend the time for presentation of the draft of a hill of exceptions to-an order on motion for a new trial.</p> <p>Idem—Appeal from Judgment.—Upon an appeal from the judgment without having made a motion for anew trial, the defendant may rely upon any of the grounds of exception mentioned in sec. 1170 of the Penal Code, and in such case he must have a hill of exceptions settled as provided in sec. 1171.</p> <p>Idem—Appeal from Order Denting New Trial. — Instead of appealing from the judgment, the defendant may move for a new trial on any or all the grounds mentioned in see. 1181 of the Penal Code, and if the motion he denied, may present the draft of a hill of exceptions, and have the same settled as provided in sec. 1174.</p> <p>Idem—Bill of Exceptions on Motion for New Trial.—A motion for a new trial may he heard without any hill of exceptions.</p> <p>Idem—What the Bill of Exceptions Should Contain.—After the denial of a motion for a new trial, the defendant may present the draft of a hill of exceptions containing any of the grounds relied on for a new trial. It should contain also so much of the evidence, proceedings, and decisions as may he necessary to explain such ground, and no more.</p>