Aro

Mr. Justice Terry concurred.

The record in this case comes before us in such a loose and imperfect manner, that we are unable to consider many of the errors assigned by the prisoner’s counsel. There is no statement or bill of exceptions, properly authenticated, and the attempted appeal upon the merits is characterized by an ignorance of the former rulings of this Court, and a recklessness of human life reprehensible in the extreme.

There is, however, one point arising upon the judgment roll which fully justifies a reversal, and an arrest of what might otherwise properly be considered a judicial murder. It has been erroneously supposed by many of the profession, that the adoption of our criminal code of procedure worked an entire abolition of all the rules which the wisdom of the common law had thrown around criminal proceedings for the safety of the citizen, and that the only defence against a prosecution is to be found in the statute. Such, I apprehend, was never the intention of the Legislature ; the main object to be obtained by them was the simplification of practice and pleading in criminal cases, by removing the rubbish and unmeaning technicalities resorted to, and…