State v. Bond

OPINION

By BARNES, J.

The above entitled cause is now being determined on appellee’s motion to dismiss defendant’s appeal on the claimed ground that the bill of exceptions is improperly filed and therefore may not be considered on any errors solely manifest therein; it is contended that no motion for new trial was filed in the common pleas court, which is a predicate to the proper allowance of a bill of exceptions.

In the event motion to dismiss the appeal is overruled, the cause is presented on the merits, briefs thereon having been previously filed and oral argument waived.

We state at once…