Nixon v. State

HAWKINS, Judge.

— Conviction - is for rape with the death penalty.

The State through her Assistant Attorney General has filed a motion to strike out the statement of facts on the ground that it contains many questions and answers, together with objections made, arguments thereon and the ruling of the court with reference thereto. These matters properly have no place in the record. (Fenton v. State, No. 7212, opinion delivered February 7th, 1923, Jenkins v. State, No. 7210, opinion delivered February 7th, 1923.)

We find in the transcript an affidavit made by appellant under the statute (Art.…