Gordon v. State

1. It is recited in the bill of exceptions that his honor Judge Strange “refused to allow the amended motion,, or • to consider the two grounds contained in the same, which said dis-allowance and refusal Joe Gordon now assigns as error.” The two grounds of the amendment referred to are sent up in the record, and it appears that the reason given by the judge for his refusal to allow the amendment or to approve the grounds thereof was that the grounds as stated were conclusions of fact and argumentative. *711If the question were properly presented, we would have no hesitation in holding that the…