Van Eman v. Superior Court of San Francisco

Citations

• 106 Cal. 643
• 40 P. 14
• 1895 Cal. LEXIS 655

Syllabus

<p>Criminal Law—Bill op Exceptions—Notice op Settlement—Construction op Code—Waiver—Mandamus.—The code should be liberally construed in favor of the right of a defendant in a criminal case to have a bill of exceptions settled by the court; and where, after verbal notice to the district attorney and associate counsel for the prosecution, the settlement of the proposed bill of exceptions has been postponed by consent, such postponement constitutes a waiver of the service of two days’ written notice of the settlement required to be served upon the district attorney by the provisions of section 1171 of the Penal Code, and, if the court refuses to settle the bill for want of such notice, a writ of mandate will issue commanding it to settle the bill of exceptions.</p>