People v. Kahl

Baldwin, J. and Cope, J. concurring.

*433This is a motion for a mandamus to be directed to the District Judge of the Sixth District, to compel him to settle and sign the statement or bill of exceptions presented by the appellant. The statement was not prepared within the statutory time, and the refusal of the District Judge to act upon the same was based upon that fact. The excuse offered by the appellant for the delay was the refusal of his counsel to prepare and file the statement without the payment of a fee for services in the matter, and his inability to pay the fee required. The statement…