Harris v. State

— The only error assigned is that the court below erred in overruling appellant’s motion in arrest of judgment.

The Attorney-General insists that the motion in arrest is not in the record, (1) for the reason that it is not set forth in the record proper, but only appears in the bill of exceptions; (2) if it could be thus made a part of the record, the transcript does not affirmatively show that the bill of exceptions was ever filed, — and that no question is, therefore, presented for our consideration by the assignment of error. Section 1912 Burns 1894, §1843 R. S. 1881 and Horner 1897,…