236 Minn. 102 | Minn. | 1952
Defendant, Max Earl Shannon, was convicted of the crime of murder in the second degree. He appeals from the judgment.
Defendant bases his claim for a new trial on the ground that the court erred in refusing to allow defendant to exercise peremptory challenges against jurors after ten jurors had been passed for cause and had been duly sworn.
This appeal comes to us without a bill of exceptions or a settled case. The general rule is that no ruling or decision in the course of a trial can be reviewed on appeal in the absence of a settled case
On an appeal in a criminal case, this court cannot consider matters not set forth in a settled case or bill of exceptions. We so held in State v. Swan, 151 Minn. 215, 186 N. W. 581. The claimed error in that case involved prejudicial statements made by the court in the presence of the jury. In a criminal case, where there is no bill of exceptions contained in the record, no question will be considered by this court, except as to the sufficiency of the indictment to support the judgment. State v. Miller, 23 Minn. 352; State v. Wyman, 42 Minn. 182, 43 N. W. 1116.
For the reasons above set out, the question sought to be presented is not properly before us for consideration.
Judgment affirmed.