Smith v. State

1. It not appearing in the motion for a new trial what the answer of the court stenographer to the question asked him was, or would have been, this court can not consider the complaint that the rejection of his evidence was error.

2. It was not error that the court excluded from the evidence the official stenographer’s notes of a dialogue between counsel and a witness on a former trial of the same case, it not appearing prima facie that such evidence elucidated any point in the case on trial, and the complaint in the motion for a new trial not showing in what way it injuriously affected the…