No. 17,703 | Ind. | Sep 24, 1896
— Appellant was tried upon an indictment charging him with murder in the first degree, and found guilty of manslaughter, and over a motion for a new trial judgment was rendered upon the verdict.
The only error assigned is that the court erred in overruling the motion for a new trial.
The only cause assigned for a new trial was alleged misconduct of the jury. The affidavit filed in support of the motion for a new trial is not made a part of the record by a bill of exceptions.
Affidavits to sustain causes assigned for a new trial in a criminal case can only be brought into the record by embodying them in a bill of exceptions. Naanes v. State, 143 Ind. 299" court="Ind." date_filed="1896-01-10" href="https://app.midpage.ai/document/naanes-v-state-7052655?utm_source=webapp" opinion_id="7052655">143 Ind. 299; Townsend v. State, 132 Ind. 315" court="Ind." date_filed="1892-09-16" href="https://app.midpage.ai/document/townsend-v-state-7051498?utm_source=webapp" opinion_id="7051498">132 Ind. 315; Meredith v. State, 122 Ind. 514" court="Ind." date_filed="1890-03-13" href="https://app.midpage.ai/document/meredith-v-state-7050271?utm_source=webapp" opinion_id="7050271">122 Ind. 514; Leverich v. State, 105 Ind. 277" court="Ind." date_filed="1886-02-09" href="https://app.midpage.ai/document/leverich-v-state-7048222?utm_source=webapp" opinion_id="7048222">105 Ind. 277; Gillett’s Crim. Law, section 990, and cases cited.
There is nothing in the record to sustain the assignment of error.
The judgment is therefore affirmed.