Mahach
People v. Mahach
Opinion
Lead Opinion
Burnett, J.
Defendants were convicted in the superior court of the county of Humboldt on September 1, 1922, of the crime of robbery. On September 5th judgment was pronounced sentencing them to the state prison. When arraigned for judgment they moved for a new trial, which motion was denied. Within two days thereafter they filed a “notice of appeal” with the clerk of said superior court. Within five days after said notice was filed T. H. Selvage, one of the attorneys for said defendants, presented in open court a written application for a transcript of the testimony in said cause, said application stating in general terms the grounds of the appeal and the points upon which the appellants relied and designating the portions of the phonographic reporter’s notes necessary to have transcribed to fairly present the points relied upon. At the time this application was made there were present in court in the discharge of their duties in connection with said cause the judge, the county clerk or his deputy, the district attorney or his deputy, and the said attorney for defendants. Thereupon Mr. Selvage read aloud portions of said application and then inquired of the judge of the court whether it would…