179 Ind. 44 | Ind. | 1912
Appellant and seven other persons were charged in the court below with the crime of riotous conspiracy, under the provisions of §2335 Burns 1908, Acts 1905 p. 584, §439. Appellant was granted a separate trial and was convicted of the offense charged. The only error assigned is that the court erred in overruling his motion for
The order-book entry showing the filing of said motion for a continuance on January 22, 1912, is copied info the transcript, but instead of copying said affidavit into the transcript as a part of said entry the clerk has referred to bill of exceptions number one as containing the same. This did not,
The language used by said counsel for the State, to which objection was made, was in response to a statement or argument of one of the counsel for appellant, and we cannot say from the record that the privilege of a fair and proper discussion of the case was transgressed. Livingston v. State (1895), 141 Ind. 131, 133, 40 N. E. 684; Combs v. State (1881), 75 Ind. 215, 218, 221.
Unless such action was taken by appellant at the time of the alleged misconduct of said counsel for the State he cannot take advantage of it on appeal. The record not showing that any such action was taken in the court below, no question concerning the alleged misconduct of said counsel for the State is presented for review in this case. Ewbank’s Manual §49; Fowler v. Newsom (1910), 174 Ind. 104, 111, 90 N. E. 9.
Judgment affirmed.
Note.—Reported in 99 N. E. 483. See, also, under (1) 12 Cyc. 845; (3) 12 Cyc. 582; (4) 12 Cyc. 841; (5) 12 Cyc. 899; (6) 12 Cyc. 867, 890. As to improper argument of counsel im criminal trials, see note in 9 Am. St. 559; 100 Am. St. 689.