People v. Vitusky

Per Curiam :

The defendant was convicted of attempted extortion, and served his notice of appeal on February 24, 1912. A certificate of reasonable doubt was granted by Judge Bischoff on April 1, 1912. It has been agreed between the attorney for the appellant and the district attorney that a bill of exceptions should be served which would contain so much of the evidence of the proceedings upon the trial as to present one question of law to which an exception was taken, which apparently was the reading of the testimony of a deceased witness. By section 458 of the Code of Criminal Procedure (as…