Mooney v. State

The opinion of the court was delivered by

Scott, J.

— Defendant was convicted of the crime of burglary, and he appealed to this court. No brief was filed or appearance made here for the state. The questions sought to be raised on the appeal only appear by a purported statement of the facts. The record does not show that any notice was given that a statement would be settled, or that any one appeared at the settlement for the respondent; and there being no appearance in this court by the state, this question, if material, is not waived. It is argued that we must presume, in the absence of any…