Knoblock

is an appeal by the people from an order and judgment sustaining the demurrers of defendants to an indictment for obtaining money by false pretenses.

The transcript filed in this court contains what purports to be the judgment-roll and a bill of exceptions, settled on the twenty-first day of January, 1909, by George W. Cabaniss, judge of the superior court.

Respondents make the point that the transcript contains no legal record, and for this reason ask that the order and judgment be affirmed.

It is insisted that the only way in which a review of the action of the trial court in sustaining a demurrer in a criminal case can be had is upon a bill of exceptions. This is the rule laid down in People v. Long , 121 Cal. 494 , [ 53 Pac. 1097 ], and which this court is obliged to follow. (People v. Druffel, 3 Cal. App. 731 , [ 86 Pac. 907 ].)

It is next urged that the purported bill of exceptions set forth in the transcript appears to have been settled by a judge other than the judge who made the ruling now sought to be reviewed, and for that reason cannot be considered.

Before taking up the discussion of the law as to who must settle the bill of exceptions, appellant urges that the…