Osborn

Appellant was tried by a jury and found guilty of obtaining money under false pretenses. A motion for a new trial was denied, from which order and the judgment of conviction appellant appeals. This court in a former opinion filed reversed the judgment and order denying a new trial upon the ground of misconduct upon the part of the trial judge amounting to an irregularity in the proceedings. Upon the application for a rehearing our attention is called for the first time to the fact that no exception was reserved at the time to the comment by the court upon the questions of fact forming the basis for such claim of irregularity. There is an exception appearing in the record in connection with the incident involved in the question of misconduct, but it appears that this exception was taken to the ruling of the court upon the admissibility of certain evidence, and not to the language of tne court used in connection with the ruling. The trial court is always entitled to know the true character of the objection and the reasons, if any, existing in the minds of the attorneys why and for what the objection 'is urged, to the end that the court may intelligently consider the effect of what…