Adriano

On May 6, 1953, petitioner was found guilty by a jury of the crime of robbery and apparently there was no appeal from the judgment in that action. On June 17, 1957, petitioner filed in the Superior Court of Fresno county a “Motion to Annul and Vacate and Set Aside Judgment.” On July 17, 1957, the said superior court denied petitioner’s motion and on July 30, 1957, he appealed from the order denying it. This appeal is now pending in this court (4th Criminal No. 1229). On October 16, 1957, petitioner filed in this court, in 4th Criminal No. 1229, a “Motion for Order in Nature of Writ of Mandate” in which he sought to compel the county clerk of Fresno County to prepare a certified clerk’s and reporter’s transcript of the proceedings in the robbery trial and to forward said transcript to him. On *799 October 17, 1957, petitioner’s motion for order in the nature of writ of mandate was denied by order of this court.

The present proceeding was commenced in the Superior Court of Fresno County by the filing by petitioner on November 5,1957, of a “Motion for Order in the Nature of Writ of Mandamus,’’ in which petitioner sought an order compelling the county clerk of Fresno County to…