Silver

The defendant pleaded guilty to a charge of murder of the first degree. The court, after hearing the evidence on the subject of the degree of the crime, determined that it was murder of the first degree without extenuating circumstances, and sentenced him to death. Some six weeks later other attorneys for the defendant were substituted in place of the attorney who represented him up to the time of the sentence. Thereafter, before the time fixed for the execution of the sentence, the defendant moved the court to amend the minutes and vacate the judgment. The court after hearing affidavits for and against the motion made an order denying it. From this order defendant appeals.

The motion to amend the minutes asked to have inserted therein, or in the record of the final judgment, a conversation alleged to have occurred in the courtroom between the defendant, the attorney then representing him, and Charles S. Darden, who afterwards was substituted as one of his attorneys. The conversation was no proper part of the judgment, or of the minutes of the court, and the motion to amend was prop erly denied, regardless of whether the conversation actually occurred or not.

The motion to…