Williamson

Williamson v. Superior Court

Good Law
131 Cal. App. 226·1933 Cal. App. LEXIS 769·20 P.2d 988
Court of Appeal of CaliforniaApril 14, 1933Docket No. 9011.California358 words

Opinion

Lead Opinion

Archbald, J.

Petitioner was tried before a jury and convicted on two counts of forgery. At his request the trial court ordered a reporter’s transcript made of the proceedings and the evidence. Petitioner objected to the transcript as filed, claiming that it was incorrect in certain specified particulars, the most important of which was in relation to what transpired when one of the jurors returned to the courtroom after being excused in order to go into the judge’s chambers to answer a telephone call. The petition shows that the trial court heard the objections and made certain corrections in the transcript. We are asked by petitioner to compel such court to make a certain correction suggested by him in the objections which he filed and which were heard and determined by the court.

It would seem from an examination of the correction desired with the transcript as it now appears, as shown by the petition, that the court itself made a statement of what occurred which gives a better picture than the suggested correction.

Under section 953a of the Code of Civil Procedure, the trial court is the one to examine such a transcript, and it is its duty to see that the same is a “full, true and fair…

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