Smith v. State

ON MOTION FOR REHEARING.

MORROW, Judge.

— It seems that proper recognizance was taken

by the court, but improperly recorded by the clerk. The motion to reinstate appeal is granted. Assuming that this court has jurisdiction to consider the appeal on its merits, the following remarks are made:

The manner of the preparation of the statement of facts renders it extremely difficult for this court to comprehend the state of the evidence adduced upon the trial. In the document before us, are colloquies between court and counsel, and numerous objections to the particular phases of the evidence. The…