People ex rel. Lee Lin Tai v. Hewill

McKee, J.:

June 20th, 1880, Lee Lin Tai and Ah How were found guilty, by the verdict of a jury in the Superior Court of Stanislaus County, of an assault with a deadly weapon. On the third day of July, 1880, their counsel made a motion for a new trial, which was denied on the same day. On the tenth day of July, their counsel presented to the judge of the Court, for settlement, a draft of a bill of exceptions. The judge refused to settle it, except that portion of it which referred to the defendant’s motion for a new trial, and the defendants applied to this Court for an alternative writ of…