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Application for a writ of mandate. The petitioner, having been convicted in the superior court of San Francisco of the crime'of embezzlement, was on April 15, 1898, sentenced to imprisonment in the state prison for eight years, and on the 23d of April appealed from this judgment and an order denying him a new trial. April 25, 1898, his attorney presented to the judge, Hon. W. T. Wallace, one of the respondents herein, who had presided at the trial, a proposed bill of exceptions which he subsequently asked to have settled, and, the judge having refused to comply with his request, the petitioner has applied to this court for a writ of mandate commanding him to settle and sign said bill. In answer to the application the respondent avers as a reason for not having settled the bill, and why the writ should not issue, that the petitioner did not give to the district attorney the notice required by section 1171 of the Penal Code. It was shown by an affidavit of the clerk of the petitioner’s attorney that on the twenty-third day of April, when he served the notice of appeal upon the district attorney, he gave a verbal notice to the clerk of the district attorney, who admitted service of…