94 Vt. 303 | Vt. | 1920
During the trial certain evidence was admitted, subject to the defendant’s exception, and later, at his request, it was withdrawn from the consideration of the jury. The exception to the admission of such evidence is not relied upon; but,
Counsel for the defendant call our attention to a letter from the presiding judge to them, in which he says, in substance, that upon examination of the transcript he found that the defendant did state as a ground for exception the reason given in the language quoted, and that he would amend the exceptions accordingly, if so desired. It is not claimed, however, that anything further was done, respecting this mistake. This correspondence is dehors the record, and cannot be considered by us. We are confined to the exceptions before us, and cannot consider questions that might have been, or were, raised in the trial below, unless they are properly and regularly here.
The defendant says that it was the duty of the court to correctly instruct the jury on all questions of law involved in the case, even though not requested to do so. That is true, but it AA'as equally the duty of counsel, if the court failed to do this, to
Judgment affirmed.
Petition eor New Trial.
The petition for a new trial, brought to-this Court, presents the identical questions raised by the exceptions, except that it is alleged in the petition that the failure of the court to instruct the jury not to consider the evidence withdrawn from their consideration deprived the defendant of a fair trial by jury.
"What we said in disposing of the exceptions touching the failure to seasonably raise this question, and the incom'petency of the evidence of the jurors to show what influenced them in reaching their verdict, covers this question, and all questions presented by the petition, and need not be restated.
Petition dismissed, with costs.