Rhodes

This is a proceeding in mandamus. The petitioner herein, charged with murder, was tried and found guilty of murder in the second degree. On June 5, 1911, a motion for a new trial was denied, and a judgment of conviction was entered, from which judgment and order petitioner, in open court, on said fifth day of June, announced and took an appeal. At the same time the court, upon petitioner’s motion, directed the phonographic reporter to transcribe all the testimony and proceedings had and taken at the trial, for the purpose of said appeal. In compliance with that order the proceedings were transcribed and filed with the clerk, and presented to the judge within the time prescribed by law; but the judge on July 5th refused to certify thereto, canceled the certificate of probable cause, and ordered and decreed that the judgment be forthwith enforced, upon the ground that petitioner’s appeal was ineffectual for any purpose, for the reason that he had not filed and presented a proper application within five days after the entry of the judgment, stating the ground of the appeal, the points upon which he relied, and designating what portions of the reporter’s notes it would be necessary to…