This appeal was brought here by prosecuting attorney, on a question attempted to be reserved by the state, under the statute 2 R. S. p. 377.

The point presented is upon the ruling of the Court, in reference to charges given and refused. No part of the evidence is in the record. The point of law attempted to be raised is not, therefore, properly reserved for our consideration. This is conceded. The State v. Bartlett, 9 Ind. R. 570.

The appeal is dismissed.