People v. Gatewood

January 16, 1964, defendant was convicted by jury verdict of the offense of breaking and entering in the nighttime in violation of CL 1948, § 750.110 (Stat Ann 1962 Rev § 28.305). March 17, 1964, defendant was sentenced to prison for a term of 7-1/2 to 15 years. Appellate counsel was appointed November 12, 1964, and February 10, 1965, the trial court ordered transcription of the trial testimony. The court reporter who took such testimony died February 7, 1965, and although his notes are available, it is claimed no one can transcribe them. On this basis, defendant moved the trial court for…