
    STATE of Louisiana v. Ellen McDaniel FLOOD.
    No. 54401.
    Supreme Court of Louisiana.
    Feb. 7, 1974.
   In re: Ellen McDaniel Flood applying for Writ of Mandamus.

WRIT GRANTED: .The trial court order notes that he has advised the court reporter and the clerk of court not to file or allow the defendant’s counsel access to the transcript of evidence, citing La.R.S. 13:961. The order overlooks the provision of La.R.S. 13:961, subd. F: “No fee shall be charged for taking evidence on bills of exceptions, motions, or other pleadings in criminal cases. All copies required to perfect appeals shall be furnished at no additional cost.” The court is ordered to make available without cost the transcript as required by this statute including all portions attached to bills re the motions for a new trial or for directed verdict. The court is further ordered to allow an extension of the return day sufficient to permit the appellant time to perfect her bills of exceptions. See La.C.Cr.P. Art. 17, La.C.Civ.P. Art. 2201, and Rule X, Section 3(b), Rules of Supreme Court (1973).

SANDERS, C. J.,

is of the opinion that the writ should be denied. Relator has not exhausted her remedies in the trial court.

SUMMERS, J.,

dissents. The granting of this application upon the unilateral, ex parte petition of applicant, without first applying to the trial court is a by-pass of the trial court where the matter should first be heard. The action is contrary to the settled procedure in such cases. This mandamus of the trial court judge without rule to show cause is contrary to a proper exercise of this Court’s authority. Cf. Art. 3865 Code Civ.P.  