This was a proceeding before the mayor for a violation of one of the ordinances or by-laws of the town; and was appealed to the Common Pleas. Trial by jury, and fine of 5 dollars.

Here, as in many other cases decided lately, none of the evidence is in the record. The defendant also supersedes his motion for a new trial by first moving in arrest of judgment. Bepley v. The State, 4 Ind. 264.

The judgment is affirmed with costs.