White v. State

Upon a proper indictment, the appellant was convicted of murder in the first degree, and sentenced to. *690life imprisonment. The only error he assigns here is the overruling of his motion for a new trial; and the only question' presented involves the correctness of the seventeenth instruction given to the jury.

The State’s attorney makes the point that the evidence is not in the appeal for failure of the record to show that the longhand manuscript of the shorthand notes was filed in the clerk’s office before it was incorporated into the bill of exceptions. The record shows that the bill of…