State v. Hallowell

— This is an appeal by the State in a criminal case, upon questions reserved, upon the refusal of the court below to give to the jury certain instructions which were tendered by the prosecuting attorney. If there was any record made of the trial, the verdict of the jury, or the judgment of the court, it is not embraced in the transcript. Sec. 1883, E. S. 1881, relating to appeals in such cases, is as follows : “ In case of an appeal from a question reserved on the part of the State, it shall not be necessary for the clerk of the court below to certify, in the transcript, any part of the…