People v. DeWilkowska

The court stenographer who took the testimony in this case died, and it thereupon became impossible to obtain a transcript.

On November 6, 1935, leave was granted by this court to have the appeal heard upon an agreed statement of fact, or, in the alternative, upon the failure of the parties to so agree, to have the appeal heard upon the original record constituting the judgment roll.

The parties have been unable to agree upon a statement of fact.

The taking of an appeal by a defendant from a judgment of conviction is a matter of right. Where, however, it is impossible to obtain a transcript of…