· 6/25/1898

Winters v. Buck

Citations

  • 121 Cal. 279
  • 53 P. 799
  • 1898 Cal. LEXIS 893

Syllabus

<p>Cbiminal Law—Bill of Exceptions—Settlement—Mandamus.—Where' the hill of exceptions in a criminal case is either defective or redundant, it is the duty of the judge to require the attorney for the defendant to present a proper bill, within a reasonable time, and he should not altogether refuse to settle a bill of exceptions upon the ground that the proposed bill, when first presented, was substantially a transcript of the notes of the official stenographer taken by him upon the trial; and where an offer of the defendant’s counsel to present a proper bill was not entertained, after the judge had refused to settle the improper bill, mandamus will issue'from this court to compel the-settlement of a proper bill.</p>

Judges: Garoutte, Henshaw

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