Dougherty v. State

Indictment for perjury. Trial by jury. Verdict and judgment for the state.

The appellant interposed a motion for a new trial, which was overruled. But no exception was taken to the action of the Court in overruling that motion. None of the evidence appears in the record. There is, therefore, nothing judicially before us on that motion. Hornberger v. The State, ante, p. 300.—2 R. S. 377, 380.

The clerk has inserted what is called the charge to the jury. But it does not appear that the Court was asked by either party to put it in writing. It is only upon such a contingency that the “charge is to…