Sprague v. Fawcett

By the Court, McKinstry, J.:

In People v. Sprague, post, p. 491, we said that if a hill of exceptions was presented or filed, on due notice to the District Attorney, after the expiration of the statutory time and its extensions, it was the duty of the Judge to examine the affidavits accompanying the bill, and if it appeared therefrom that defendant had reasonable excuse for the delay, to proceed to settle the bill. It was also intimated that if the Judge refused to settle the hill and the defendant appealed from the order denying his application for settlement, this Court might on appeal…