People v. Gaston

Opinion

BIRD, C. J.

Appellant, James Michael Gaston, petitioned this court for a hearing following the Court of Appeal’s denial of his motions to include in the record on appeal (1) a reporter’s transcript of the closing arguments of both prosecutor and defense counsel and (2) a transcription of a tape recording which was played, but not stenographically recorded, during appellant’s court trial. The petition for hearing was granted, and the cause was transferred to this court.

I

Following his conviction for second degree murder (Pen. Code, §§ 187, 189), appellant filed a notice of appeal, and the…