State v. Morgan

Argued November 8; affirmed December 10, 1935.

On the Merits

(52 P. (2d) 186)

KELLY, J.

Defendant, being convicted of rape, appeals.

At the oral argument, the district attorney moved for a dismissal of defendant’s appeal on the ground that no brief, bill of exceptions or transcript of testimony had been filed. No assignment of error was made until said oral argument, at which time a typewritten assignment was presented and filed. The question of the sufficiency of the indictment and of the verdict to sustain the judgment may be tested by such a record as we have in the instant case; hence, the…