State v. Howard

Citations

• 15 Wash. 425
• 46 P. 650
• 1896 Wash. LEXIS 210

Syllabus

<p>APPEAL — BILL OP EXCEPTIONS — SETTLEMENT OF — AFFIDAVITS — HOW INCORPORATED IN RECORD.</p> <p>A bill of exceptions will be stricken from the transcript on appeal, upon motion therefor, when no notice of its statement or settlement had been given to the adverse party as required by Laws 1893, p. 114, §9.</p> <p>Where a motion and affidavit for continuance, improper statements of the prosecuting attorney to the jury, and papers used upon a motion for a new trial have not been made a part of the record in the cause by proper bill of exceptions or statement of facts, they will be stricken from the transcript, as the act of filing them with the clerk of the superior court does not raise the presumption that the attention of the lower court had thereby been directed to them.</p>