Bunnell

People Ex Rel. Simons v. Bunnell

Good Law
1918 Cal. App. LEXIS 162·38 Cal. App. 548·177 P. 173
Court of Appeal of CaliforniaNovember 7, 1918Civ. No. 2702.California350 words

Opinion

Lead Opinion

Conrey, J.

This is an appeal from a judgment denying plaintiff’s application for a peremptory writ of mandate. There is no printed transcript. The appellant has not printed with his brief any part of the contents of the transcript. The transcript is described on its title page as “Clerk’s Transcript prepared under Sec. 953a, C. C. P.” Pages 1 to 28 contain the judgment-roll, together with the clerk’s certificate thereto. Page 29 purports to be a copy of the notice of appeal, and pages 30 to 118 purport to contain a statement of testimony received in the trial of. a criminal action before the police court of the city of Bakersfield, in which court respondent Bunnell, as police judge, presided, together with certain instructions to a jury and a copy of docket entries and of the complaint in said action in the police court. Page 119 is a certificate by the clerk of the superior court covering both the judgment-roll and said subsequent documents, all of which the clerk certifies were prepared in accordance with the provisions of section 953a of the Code of Civil Procedure.

Considering the transcript as one which the appellant attempted to have prepared under the alternative method of appeal…

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