State v. Bowder

Our opinion on appeal in this action appears in 65 S.D. 626, 277 N.W. 43. We held that the evidence in the cause was not before us for review for the reason that an application for a new trial had not been made to the trial court within the time prescribed by section 4946 of the Revised Code of 1919. Thereafter, counsel for defendant made prompt application for an order to amend the abstract on appeal so as to include omitted portions of the settled record. By this omitted material it appears, that the following proceedings were had below: after verdict and before judgment, defendant served…