Riley v. State

We are bound, in our consideration, to confine our observation to the record as embodied in the transcript of testimony in the bill of exceptions.

The case which we find on the record and that which counsel presented to us in oral argument and in their briefs is not the same. The legal proposition involved in the latter is interesting but we are without any power to consider it. By inadvertence, no doubt, proof of some of the elements of the offense with which the defendant is charged is not found in the record.

This is a criminal action separate and distinct from any other and though tried in…