Beatty v. State

FURMAN, PresidiNG Judge.

First. Appended to the motion for a new trial we find a lengthy affidavit, which attempts to set forth proceedings which it is claimed were had in the county court when the jury in this case was impaneled. Parties cannot make up a case-made in this manner. Any matter transpiring in open court of which the trial judge had knowledge can only ’be incorporated in the case-made by statements which are duly certified to by the presiding judge. See Colon Cochran v. State, 4 Okla. Cr. 390, 111 Pac. 974, 978.

Second. We find properly incorporated in the case-made the following…