State v. Upham

LEEPER, J. —

Appellant, convicted of the crime of battery, appeals from the judgment. The instructions given by the court (there is no mention of any requested instructions in the transcript) and other papers hereinafter mentioned were embodied in the clerk’s transcript. The attorney general contends that the instructions are not prop erly before us and should be embodied in the reporter’s transcript and not in the clerk’s transcript. He has moved to strike the instructions from the transcript on the ground that the latter is not prepared, certified and settled as required by the provisions of…