Cohen

Application for a writ of mandate to compel the settlement of a bill of exceptions.

The petition sets forth that petitioner, Louis Cohen, was tried and convicted in the superior court of the city and county of San Francisco, before respondent, the Hon. William T. Wallace, a judge of said court, of the crime of perjury; that judgment was entered on the verdict on January 18, 1895, and that thereafter, on January 28th, and within the time allowed by law, petitioner, upon notice to the district attorney, delivered to the clerk of the court for said judge a proposed bill of exceptions in said case for settlement; that on the thirtieth day of January, two days after the delivery of said proposed bill to the clerk, the respondent, as such judge, made an order refusing to settle said bill, and directing that it be stricken from the files of said court. The prayer is that respondent may be required by the mandate of this court to settle said bill.

In response to the alternative writ issued upon said petition the district attorney appeared in behalf of respondent and filed an answer, wherein it is admitted that respondent has refused to settle the proposed bill, *135 but stating that…