State v. Murphy

By the Court,

Bigelow, J.:

Appeal by the state from an order overruling a demurrer to a plea of former conviction interposed by the defendant, and directing that the defendant be thereupon discharged from custody. The appeal is taken upon a record simply setting out-what purports to be a copy of the indictment, the plea, the demurrer and the order of the court thereon. The defendant moves to dismiss the appeal upon the ground that there is no bill of exceptions or statement in the case. This, of course, is based upon the theory that without such bill of exceptions or statement there is nothing…