State ex rel. Harber v. Wear

The defendant, having been convicted of murder in the first degree, appealed to this court. The transcript contains no bill of exceptions, and on ■ the petition of defendant an alternative writ of mandamus was issued, commanding the judge before whom the cause was tried to sign the bill of exceptions or show cause, etc. The judge made return to the writ and the defendant filed a reply, which he asks to be taken as a demurrer; and since it is in effect a demurrer it will be treated as such.

The return discloses these facts: An appeal was allowed by the court on the fifteenth of November, 1889,…