Winters v. Buck
California Supreme Court
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…
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