Howland

Appellant was informed against for the crime of murder, and upon a plea of “not guilty” was found guilty of murder in the second degree and sentenced .-to imprisonment in the state’s prison for a term of eighteen years. He appealed in open court from the judgment of conviction and from an order denying his motion for a new trial.

The record on appeal consists of copies of the information, the minutes of the court, the motion for a new trial, the instructions given to the jury, and the instructions requested by the defendant which were refused by the court; but no evidence is brought up, and no application was made to the trial court to have the reporter’s notes transcribed. The errors of the trial court which are presented in support of the appeal are the giving of two instructions by the court, on its own motion, relating to “self-defense” and “circumstantial evidence,” and designated respectively as instructions “E” and “K,” and its refusal to give an instruction No. 20, relating to “the character of the deceased,” at the request of the defendant.

It is apparent at once that in the absence of any evidence we cannot say that it was prejudicial error to refuse to give the latter…