Harris v. Roan

By the Court.

1. The general rule is that when the refusal of a new trial in a criminal case has been affirmed by this court, no second bill of exceptions can be allowed. The only exception to this general rule is such 51 an extraordinary motion or case ” as is specified in the Civil Code, § 5487.

2. The extraordinary motions or cases contemplated by the statute are such as do not ordinarily occur in the transaction of human affairs ; as, when a man has been convicted of murder, and it afterwards appears that the supposed deceased is still alive, or where one is convicted on the testimony of a…