State v. Potter

Burke, Ch. J.:

This case was first tried in Burleigh county, and the jury failing to agree, the case was thereafter, on the application of the state transferred to McLean county, where after a trial the defendant was convicted of murder in the first degree.

A motion for a new trial was made upon specifications of error, and on the denial of said motion, the defendant appeals from the judgment of conviction, and from the order denying the motion for a new trial. In the specifications of error on appeal, appellant raises one question of error not specified or raised in the motion for a new trial,…