Colbert

On January 10, 1972, the United States Supreme Court granted appellants’ petition for writ of certiorari, vacated this court’s judgment, and remanded the case to this court for further consideration in the light of Mayer v. City of Chicago, 404 U.S. 189 [ 30 L.Ed.2d 372 , 92 S.Ct. 410 ].

This case was previously before this court (unpublished opinion 1 Civil No. 27924) at which time we affirmed the order of the superior court denying appellants’ petition for writ of mandate.

Appellants, following their conviction in the municipal court, had made a motion for a free transcript. The motion was denied by the municipal court. Appellants then filed a petition for writ of mandate in the superior court which was also denied. Appellants then appealed to= this court from the order denying the writ of mandate. Appellants had filed a “Statement of Issues to be Raised on Appeal” in the municipal court, but through inadvertence of counsel, the statement was not filed with the superior court. The statement was referred to by various documents before the superior court and during argument of the petition before that court. The record does not show, however, that the superior court…