Mottley v. State

Appellant moves, the attorney general objecting, to substitute in this court an instruction asked by defendant and refused by the court on the trial below, which instruction, it is stated, having been lost from the record, was not incorporated in the transcript before us. The substance of the lost instruction is set out as part of the motion, and an agreement that it is such is signed by the county attorney and attorneys for defendant.

*192The proper remedy to supply the loss would have been to have taken, the necessary steps for that purpose in the lower court. Pasc. Dig., Arts. 4969, 4970;…