Sprague v. Fawcett

Citations

• 53 Cal. 408

Syllabus

<p>Mandamus—Settlement oe Bill oe Exceptions.—When a bill of exceptions was presented to the District Judge for settlement in a criminal case, after the expiration of the ten days mentioned in sec. 1171 of the Penal Code, and of the period fixed by order extending the time for presenting or filing such bill, and the District Judge, on examination of the affidavits accompanying the draft bill, and purporting to account for and excuse the delay, declined to settle the bill: held, mandamus ought not to issue to compel the District Judge to settle the proposed bill.</p>