Legal Opinion

Winters v. Buck

California Supreme Court

Decided June 25, 1898No. S. F. No. 1408PublishedCited by 5 opinions

PETITION to the Supreme Court, for a writ of mandate to compel the settlement of a bill of exceptions to be used upon appeal from a judgment of the Superior Court of San Mateo County, and from an order denying a new trial. George H. Buck, Judge. The facts are- stated in the opinion of .the court.

1Opinion of the CourtHenshaw, J.

The petitioner, Harry Winters, was convicted of murder in the first degree. He moved for a new trial, and his motion was denied. He gave notice of his appeal from the judgment and from the order denying him a new trial, and presented for settlement a purported bill of exceptions, which the trial judge, respondent herein, refused tó settle, basing his refusal upon the fact that the proposed bill of exceptions was substantially a transcript of the notes of the official stenographer, taken by him upon the trial. This is an application for a writ of mandate to compel a settlement of the bill of…

2Cases cited5 opinions

  1. People v. GettyCalifornia Supreme Court · 1875
  2. Sansome v. MyersCalifornia Supreme Court · 1889
  3. People v. SpragueCalifornia Supreme Court · 1879
  4. Cohen v. WallaceCalifornia Supreme Court · 1895
  5. January v. Superior CourtCalifornia Supreme Court · 1887

3Cited by5 opinions

  1. Hertter v. AddisCalifornia Court of Appeal · 1928
  2. Kouts v. Superior CourtCalifornia Court of Appeal · 1933
  3. City of Santa Ana v. BallardCalifornia Supreme Court · 1899
  4. Martínez v. Soto NussaSupreme Court of Puerto Rico · 1915
  5. Martínez v. Soto NussaSupreme Court of Puerto Rico · 1915

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