Hodgdon

The defendant was indicted for the crime of murder, committed upon the person of one Emma C. Downs. A trial was *73 had in the late District Court of the Fourth Judicial District in and for the City and County of San Francisco, Avhile the lion, liobcrt F. Morrison was the Presiding Judge of said Court, Avhich trial resulted in the rendition of a verdict on the 14th day of October, 1879, finding the defendant guilty of murder in the second degree.. Subsequently Judge Morrison resigned his position as Judge of said Court, and the Hon. O. P. Evans Avas appointed in his stead. A motion for a neAV trial Avas duly made in said cause, on behalf of the defendant, which motion came on for hearing before Judge Evans on the 29th day of December, 1879. The motion was denied, and judgment Avas thereupon entered against the defendant. Thereafter the defendant prepared and served upon the District Attorney a bill of exceptions, Avhicli bill Avas, on the 25th day of February, 1880, settled and alloAvcd by the last-named Judge in Avords and figures following : “ The foregoing bill of exceptions, prepared by the attorney for the defendant, was presented to the District Attorney, and he having…