Pearman v. State

This is an appeal from a judgment sentencing appellant to the Indiana Reformatory for a term not less than one nor more than ten years, entered upon the verdict finding him guilty of grand larceny. The error assigned is the overruling of motion for a new trial.

Appellant in his brief and on the argument here questioned the correctness of the court’s intrinsic record. It is appellant’s duty to present a proper record on appeal, Shoffner v. State (1884), 93 Ind. 519, 522, and we adhere to the rule that “The court speaks by its record, which is the order book.” Cook v. State (1941), 219 Ind. 234,…