Emmons

By an indictment found by the grand jury of Sacramento county defendant was charged with the crime “of asking and receiving a bribe,” committed in January, 1905, while he was a state senator of the thirty-second senatorial district and a member of the Senate committee on commissions and retrenchment. The money was sought and received by appellant, so it is alleged, under a promise and agreement that his official action, vote and opinion as such senator should be influenced thereby in connection with an investigation by said committee of certain building and loan associations. Defendant was convicted and sentenced to the penitentiary for a term of five years. He appeals from the judgment and the order denying his motion for a new trial.

For the reason that the record discloses no exception to the ruling of the court we are precluded from considering the question involved in the motion to set aside the indictment and the challenge to the panel of the grand jury. Any exception taken, in order to be reviewed, must be properly authenticated in the bill of exceptions, and if the defendant does not save an exception to the ruling of the court the objection is deemed to have been waived.…