Richard G. Bailey, Norman R. Eggimann, Laurel MacY v. United States

Good Law
270 F.2d 86·1959 U.S. App. LEXIS 3430
United States Court of Appeals for the Ninth CircuitAugust 11, 195916526California506 words

Opinion

Opinion

Appellants having moved in this court for an order directing the trial •court to take testimony to determine what matters occurred in the trial and were omitted from the transcript by reason of the court reporter’s failure to record them stenographically and to include them in the record on appeal should either party require it; and having moved for leave to designate and type parts only of the last three volumes of the seven-volume record on appeal now filed in this court; and having moved for an order •directing the clerk of the district court to transmit presentence reports to this court for inclusion in the record on appeal for use in considering appellants’ contention that probation should have ■been granted; and it appearing that at a number of places in the court reporter’s notes of the trial the letter “D” has been ■used to indicate that certain discussions took place which were not reported and included in the stenographic transcript; and it appearing that counsel for appellants is unable to recollect what discussion has been thus omitted but could possibly do so if he could be informed as to the points in the transcript where such “D” notations were made; and it…

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