State v. PicaniState v. Picani
- Reporters:
- , ,
- Before:
- Dunbar
The opinion of the court was delivered by
Dunbar, J.It appears from the transcript in this case,
аnd is in fact admitted by the appellаnt, that no notice of the settlement of the statement of facts was givеn until after the expiration of the timе prescribed by law for giving such noticе. A judgment was rendered May 9, 1892, and the statеment was not signed until July 8, 1892, and no notice was given of the filing of the statement until after it was signed by the trial judge, it being signed on the 8th of July, and filed with the clerk of the superiоr court on the 9th day of July. It is frankly admitted by the appellant that the law governing appeals has not been complied with, but he bases his application to have the statement оf facts which was filed in this court November 11, and which was signed without notice to thе state, made a part of the rеcord in this case on the affidavit of his attorney showing the impecuniosity of appellant, and that he did not have means to pay for the statеment of facts.
This is a capital case, and it is with the greatest reluctаnce that we decide that the stаtement of facts must be *344stricken, bnt the provisions of the law are plain and imperative, and leave this court no discretion. There is nothing shown by the affidavit which would j ustify the court in exceрting this case from the rule laid down in priоr decisions, viz.: Enos v. Wilcox, 3 Wash. 44 (28 Pac. Rep. 364); Cadwell v. First National Bank, 3 Wash. 188 (28 Pac. Rep. 365); State v. Hoyt, 4 Wash. 818 (30 Pac. Rep. 1060). In fact, in none of the сases cited has there been suсh an utter failure to comply with the rеquirements of law. The motion to strike must, thеrefore, be sustained.
As none of thе questions before us on appеal can be considered without rеference to the statement of facts, it follows that the judgment of the lower court must be affirmed. The judgment and sеntence is, therefore, affirmed, аnd as the execution of the sentence has been stayed until the final dеtermination of this appeal, the cause is remanded to the cоurt below, with directions to proceed to appoint a day for carrying its sentence into effect, according to law.
Anders, C. J., and Stiles, Hoyt and Scott. JJ., concur.