Gavin

A purported record on appeal having been filed in this court, consisting of typewritten clerk’s transcript and typewritten reporter’s transcript, on behalf of the defendant a motion was made for diminution of the record, which motion was supported by affidavits to the effect that the testimony of Allen G. Moran, a witness, was omitted from the record; that certain objections to adjournment on December 17, 1919, and December 18, 1919, on account of the absence of a witness for the prosecution, had been omitted, and that the proceedings, after the jurors had reported that they were unable to agree, by which they were coerced to agree to a verdict of guilty, were omitted from the record. There was no counter-showing other than the transcripts on file. On behalf of the state it was stated that a motion had been made in the trial court to correct the record, which motion had been denied, and it was con tended that the only remedy of the appellant in such a case is by a direct appeal from the Order denying the motion, as being a special order made after judgment.

Apart from any provisions of the law, it would seem unreasonable that one convicted of crime should be required to languish…