People v. Sprague
California Supreme Court
Appeal from the District Court of the First Judicial District, Ventura County. The defendant was convicted of murder, and, judgment having been rendered, appealed. His counsel did not prepare and present the draft of a bill of exceptions, with notice to the District Attorney, as required by sec. 1171 of the Penal Code, and the Court refused for that reason to settle the bill of exceptions. He gave no notice to the District Attorney.
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Appeal from the District Court of the First Judicial District, Ventura County. The defendant was convicted of murder, and, judgment having been rendered, appealed. His counsel did not prepare and present the draft of a bill of exceptions, with notice to the District Attorney, as required by sec. 1171 of the Penal Code, and the Court refused for that reason to settle the bill of exceptions. He gave no notice to the District Attorney. The second bill of exceptions alluded to in the opinion was a full copy of the Reporter’s notes. The other facts are stated in the opinion.
1Opinion of the Court
By the Court, McKinstry J.:
The District Judge was fully justified in refusing to settle and certify the bills of exceptions (so-called) filed on the 16th and 18th of September. The first was a mere skeleton, containing no statement of evidence or rulings ; the second was in the form pronounced “ reprehensible ” in People v. Getty, 49 Cal. 584. Another circumstance made it the duty of the J udge to refuse to consider the bills proposed by the defendant. No notice was given to the District Attorney of defendant’s intention to present either of the two drafts, as required by sec. 1171 of the…
2Cases cited3 opinions
- People v. LeeCalifornia Supreme Court · 1860
- People v. GettyCalifornia Supreme Court · 1875
- People v. WoppnerCalifornia Supreme Court · 1859
3Cited by13 opinions
- People v. GoldensonCalifornia Supreme Court · 1888
- Krupp v. Breckenridge Sanitation DistrictSupreme Court of Colorado · 2001
- People v. GonzalesCalifornia Supreme Court · 1902
- People v. RaschkeCalifornia Supreme Court · 1887
- Cohen v. WallaceCalifornia Supreme Court · 1895
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