Delbridge v. State

FOSTER, Justice.

This is an appeal from a conviction of murder in the first degree with the punishment fixed at death.

There is no bill of exceptions and no objections or rulings in the record for our consideration, except that on the motion for a new trial. That motion is based on affidavits of newly discovered evidence as to the character of the man alleged to have been killed by appellant. This motion is therefore predicated on matter not of record, but which can only be presented by a bill of exceptions. There being no bill of exceptions, the ruling on that motion cannot be considered under…