State v. Cleveland
State v. Cleveland
Opinion of the Court
Wi-lliaim-M. Cleveland was convicted of the crime of !‘grahd; larceny, and brings his" case to this court'by appeal' for-review upon a bill of exceptions. The ássignrtieñt of errors is as follows: “Thé court erred in admitting testimony, excluding testimony, ' striking out and in refusing to strike out testimony, all as shown by the assignments of error herein numbered’ from I to 39, inclusive. As contended in the fortieth and forty-first assignments of error, we now claim that the following charge of the court to the jury, in view of the evidence in the case was manifest error. The court ¡instructed as follows: [That part of the charge of the court which follows is then set out in' the language used by the court, and will be'referred to later herein.]” This assignment of error purports to set forth 39 specific rulings of the trial court upon questions of evidence arising upon the trial, but does not allege any exceptions to any ,such rulings. The rulings which appellant asks this court to review are nowhere pointed out, except as above stated. Not even the page of the abstract or the p.age of the bill of exceptions up,on which such rulings and exceptions may be found is given in the so-called assignments of errors In the case of State v. Chapman, 1 S. D. 414, 47 N. W. 411, 10 L. R. A. 432, the assignment of error then before the court was in these words: “In rejecting and admitting evidence on said trial, ,as more particularly appears by a bill of exceptions'.” In that case the errors complained of were pointed out' as being found in a “bill of exceptions.” In the case now. before this .court not even the bill of exceptions is referred to- in the assignments. But this court has examined the bill, and finds that it contains nothing purporting to be assignments of error. The bill of exceptions merely discloses rulings and exceptions, numbered from- 1 to 39, as they appear consescutively in the bill. This court,- in State v. Chapman, supra, refused - to consider such a-n a-ssignment of errors. We think the ruling in that case was right, and shall adhere to it in this case. ’
The excerpt from the charge of the trial qourt to ,the jury]above referred to, is set out in the assignments of error-designated as the “fortieth and forty-first assignments of error,” and is in the following language: “By the law of this state, all persons con
We take occasion at this time to reiterate the language of this decision for the benefit of parties litigant who may desire to- have errors occurring <at the trial reviewed by this court. This court must not be c.alled upon, or expected, to wade through the evidence 'contained in a 'bill of exceptions to ascertain for itself whether, perchance, the instructions given by the trial court may not be inappropriate when applied to the particular facts of the case. Such would be the necessary task in this case, and the court must decline to undertake it.
None of the assignments point out reversible error on the part of the trial court, and its judgment is therefore affirmed.
Reference
- Full Case Name
- STATE v. CLEVELAND
- Status
- Published