Collins

The defendant was charged by indictment with the crime of perjury, and upon trial was convicted. He moved for a new trial, but his motion was denied, and judgment pronounced. He thereupon appealed to this court from the order denying his motion for a new trial and from the judgment. As all the matters that could be urged for a reversal of the order denying the motion for a new trial, upon the record before us are equally available to the defendant on the appeal from the judgment, the arguments have been directed especially to the appeal from the judgment.

The transcript as originally filed in this court contained no demurrer to the indictment, but subsequently, on suggestion of diminution of the record, appellant was allowed to file in this court a certified copy of such demurrer, subject to the objection of respondent that this court could not consider the same, for the reason that there is no exception presented by bill of exceptions to the ruling of the court thereon. In asmuch, however, as we think that the action of the court in overruling the demurrer should be sustained, we have not deemed it necessary to pass upon the question of practice involved in the objection of…