Napoli

Defendant was convicted in the superior court of the crime of murder in the second degree. He made a motion for a new trial, which was denied, and he appealed to this court from the order and judgment of conviction, which appeal has never been disposed of. After the said appeals had been perfected, and before the defendant’s bill of exceptions had been allowed and settled by the trial court, all the records of the proceedings in said cause were destroyed by the fire of April 18, 1906, and the record has never been restored.

The defendant, in May, 1907, made a second motion for a new trial under an act entitled “An Act providing for the disposition of actions and proceedings in which hills of exceptions and statements on motion for a new trial have been lost or destroyed by conflagration or other public calamity,” approved March 25, 1907 (Stats. 1907, p. 998). The court denied the said second motion, and this appeal is from the latter order.

The act provides: “When any proposed bill of exceptions, or statement of the case on motion for a new trial, in action or proceedings, is lost or destroyed by reason of conflagration or other public calamity, and no other record of the…