Evans

The defendant, Charles Evans, a colored man, jointly with three other persons, to wit, John Mackie, Toney Paresi, and Parthenia Hughson, a colored woman, was informed against by the district attorney of Stanislaus County for the crime of burglary. Evans was given a separate trial, which resulted in his conviction of the crime as so charged, and he prosecutes this appeal from the judgment and the order denying him a new trial.

A proposition which should first be disposed of is involved in the application of the defendant for a “further transcription of the testimony,” said application being made under section 1247c of the Penal Code, and supported by the affidavit of the attorney for the accused.

Said affidavit reads, in part: “The defendant requests that all the phonographic reporter’s notes be transcribed in the case against Charles Evans, and also the testimony of the co-defendants, Paresi, Mackie, and Stella Huston in the trials of Toney Paresi and John Mackie. That the phonographic reporter of said court, N. E. Leak, Esquire, failed and neglected to transcribe ‘the testimony of the co-defendants, Paresi, Mackie, and Stella Huston in the trials of Toney Paresi and John…