State v. Peterson

The opinion of the court was delivered by

Marshall, J.:

The defendant appeals from a conviction on a charge of robbery. To supply the place of a transcript, the trial court made such a record as is necessary to present the question argued by the defendant. The material parts of that record are as follows:

*901“In his opening argument to the jury, Mr. J. B. Wilson, county attorney, made, in substance, the following remarks to the jury:

“.‘He has taken the stand himself and he has brought here his father and mother to testify that he was at home that day. His wife, even, isn’t here to testify.’.

“The…