State v. Neis

The state filed and caused to be certified by the trial judge a supplemental statement of facts, in which it is shown that no exceptions were taken to the instructions of the court prior to the time the jury retired to consider of their verdict. The defendant has moved to strike this supplemental record. The motion will be denied. The supplemental record is immaterial, and does not deprive defendant of any right of review in this case. The exceptions were taken immediately after the jury retired. This was a compliance with the statute. Rem. & Bal. Code, § 339. Coffey v. Seattle Elec. Co., 39…