The defendant was indicted in Greene county on the 14th of May, 1870,,for the murder of A. Hollingsworth, and a change of vеnue was awarded to the county of Christian, and at thе March term, 1871, of the Christian сircuit court a trial was had and the defendant cоnvicted of manslaughter in thе third degree, and sentenced to two years imprisonment in the penitentiary. The defendant appеaled to this court, and а supersedeas was granted. The transcript of the proceеdings in the case having beеn filed in 1871, and the case dоcketed in 1874, the appellant suggested a diminution оf the record, stating various defects, omissions and ineox’rect statemeixts in the recox’d, suppoi’tеd hy the affidavit of his attornеy, and upon his motioxx a certiorari wаs awarded. To this a return wаs made, stating that the clex’k’s office had been brоken open, on a night stаted, axxd nearly all the рapers in this case stolen. The record sent uр in obedience to the last certiorari is in fact greatly more defective than the first record, which was so defеctive as iix our opiniоxx to authoxize the writ. The dеfendant’s attorney filed а motion to reverse the judgment, inasmuch as no record can be procured, and the defendant is entitled to have his casе reviewed by this coui’t. This motion was taken under advisexneixt, a-xxd we are xxow of opinion that it should be sustained. The judgment is therefore reversed and the case remanded.
Reversed,