Byler v. State

ON MOTION FOR REHEARING.

HAWKINS, Judge.

Appellant especially complains because we declined to consider bill of exception No. 8 on account of it being in question and answer form, insisting that it is apparent from the bill itself that it was necessary so to present it in order to make clear to this court the matter complained of. The necessity to put the bill in questions and answers does not appear obvious. By a little care the bill could have been presented in narrative form. However that may be, it is our understanding that the legislature in Subdivision 3, Art. 760, C. C. P., has vested in…