Sprague

The District Judge was fully justified in refusing to settle and certify the bills of exceptions (so-called) filed on the 16th and 18th of September. The first was a mere skeleton, containing no statement of evidence or rulings ; the second was in the form pronounced “ reprehensible ” in People v. Getty, 49 Cal. 584 . Another circumstance made it the duty of the J udge to refuse to consider the bills proposed by the defendant. No notice was given to the District Attorney of defendant’s intention to present either of the two drafts, as required by sec. 1171 of the Penal Code. That section, as amended, is as follows: “ Where a party desires to have the exceptions taken at the trial settled in a bill of exceptions, the draft of a bill must be prepared by him and presented, upon notice of at least two days to the District Attorney, to the J udge for settlement, within ten days after the trial of the cause, unless further time is granted by the Judge, or by a Justice of the Supreme Court, or within that period the draft must be delivered to the Clerk of the Court for the Judge. When received by the Clerk, he must deliver it to the Judge, or transmit it to him at the earliest period…