Lafuente

Mr. Justice Terry concurred.

The record in this case contains two bills of exceptions, taken on the trial and signed by the Judge.

The first exception comes from the fact, that during the trial, the Court below suspended the proceedings for a short time to dispose of a áemurrer in another case. It was not shown that the prisoner’s rights were injuriously affected by the temporary interruption of the trial, and under all the circumstances which characterize judicial proceedings at nisi prius, so far from considering it error we are not disposed to regard it as even an irregularity. The second exception is taken to the refusal to grant a new trial and the order overruling the motion in arrest of judgment. These motions were based upon matters occuring at the trial, and the refusal of the Court to give certain instructions asked for by defendant. However erroneous this might have been, it is a matter which we cannot now inquire into, as the testimony is not set out in a bill of exceptions, or in any form whatever; neither are the instructions themselves so authenticated that they can be considered, and we have repeatedly refused to reverse a judgment upon abstract questions of law,…