220 Miss. 298 | Miss. | 1954
The appellant was convicted in the Circuit Court of Marion County of assault and battery with intent to kill and murder Hattie Lee Barnes, and was sentenced to imprisonment for ten years in the state penitentiary. He prosecutes this appeal from the judgment of conviction.
A statement of the facts bearing upon the guilt or innocence of the appellant is unnecessary. It is sufficient to say that the only proof in the case was that introduced on the part of the state and that this proof clearly established the appellant’s guilt.
It is argued on this appeal, however, that the judgment of conviction should be reversed, first, because the trial court erred in overruling appellant’s motion for a continuance, and, second, because the appellant’s motion for a new trial should have been sustained upon the ground that he was denied a fair and impartial trial because of the prejudice of the trial judge, which, appellant says, is indicated by certain statements which are ascribed to the judge in the brief of appellant’s counsel filed on this appeal.
The appellant’s contention that he was denied a fair and impartial trial because of the prejudice of the trial judge is based entirely upon certain statements ascribed to the judge in the brief of appellant’s counsel. The statements referred to are no part of the record in this cause and, therefore, cannot be considered on this appeal.. We have consistently held that a case appealed to this Court must be tried solely on the record made in the trial court and that statements found in the briefs of counsel cannot be considered if not a part of the record made in the trial court. Superior Oil Company v. Smith, 200 Miss. 782, 29 So. 2d 114; Provenza v. Provenza, 201 Miss. 836, 29 So. 2d 669; State v. Cummings, 201 Miss. 583, 35 So. 2d 636.
Affirmed.