185 Ind. 15 | Ind. | 1916
— Appellant was convicted in the city court of the city of Indianapolis- of the offense of keeping a gaming house. He appealed to the criminal court and was again convicted. From the latter judgment he prosecutes this appeal, and the only error well assigned is that the court erred in overruling his motion for a new trial. The causes for a new trial which are urged as grounds of error requiring a reversal involve charges of the admission of improper evidence and the giving by the court of an instruction to the jury claimed to be erroneous and harmful.
The Attorney-General meets these assertions of error with the contention that, as they require bills of exception containing the evidence’ and the instructions to present them for consideration on appeal, they are not available for the reason that, it is claimed, neither the evidence nor the instructions are brought into the record by bill. The settled practice requires that the position of the Attorney-General be sustained.
Nothing being presented for decision by the record, the judgment is affirmed.
Note. — Reported in 111 N. E. 433.