People v. Allen

Defendant was convicted of rape perpetrated upon a female under the age of consent. He moved for a new trial and his motion was denied. He appeals from the judgment and from the order of the court refusing his motion for a new trial.

Upon this appeal he presents no statement of the case nor bill of exceptions, but brings up the judgment-roll alone. None of the evidence is before us. His attack is upon the instructions given by the court. Since the defendant has failed to present to us the evidence bearing upon the instructions it must be presumed, in considering them, that they were pertinent…