Laird v. State

The only error assigned, which is relied on, is the overruling of the motion for a new trial. But it does not appear by the record that there was any such ruling in the Court below. There is in the transcript what purports to be a motion for a new trial, signed by counsel; but it does not appear to have been acted on, or brought to the notice of the Court. To authorize the reversal of a judgment, the error of the Court must appear by the record. We cannot presume that the Court erred; on the contrary, it must be presumed that the Court acted in all things rightly, until the contrary appears.…