State v. Chee Gong

The defendant was indicted, tried, and convicted of murder, and sentenced to be hanged. To procure a reversal of that sentence and a new trial, several errors have been assigned and argued, with candor and much ability. Of these assignments of error the two most important, and upon which the most stress is laid, do not constitute a part or any part of the bill of exceptions, nor ai'e they any part of the record proper. They consist simply of affidavits used presumably upon the motion for a new trial.

It has been often held, and expressly so by this court in State v. Drake, 11 Or. 396, that…