Fuller

Appellant, Almond G. Fuller, killed his mistress, Jean Mackey, at Anchorage, Alaska, on July 19, 1946. He was indicted for murder in the second degree, 1 was arraigned, *172 pleaded not guilty and was tried. At the trial, 14 witnesses testified, and 17 exhibits were admitted in evidence. Appellant moved the court to instruct the jury to find him not guilty of murder in the second degree. The motion was denied. Appellant was found guilty of murder in the second degree, and judgment was entered sentencing him to be imprisoned for 24 years. This appeal is from that judgment.

Three alleged errors are specified — the admission of exhibits 1 and 2, the admission of exhibit 13 and the denial of the motion to instruct the jury to find appellant not guilty of murder in the second degree.

First. Exhibits 1 and 2 are not before us. They were not designated for inclusion, and were not included, in the record on appeal. 2 They were not transmitted, nor has appellant sought to have them transmitted, to this court. 3 However, from the testimony in the record, it appears that exhibits 1 and 2 were photographs of Jean Mackey’s dead body. Appellant’s objection to their admission was that they…