Opinion
No. 29,160.
Filed June 4, 1954.
APPEAL — Record — Bill of Exceptions — Evidence. — Where record does not contain bill of exceptions containing evidence and all questions sought to be raised under motion for new trial require consideration of evidence, no question is presented on appeal.
From the Marion Criminal Court, Division One, Harry O. Chamberlin, Judge.
Appellant, Ben Johnson, was convicted of driving while under the influence of intoxicating liquor, reckless driving and public intoxication. He appeals from this conviction.
Affirmed.
C. James McLemore, of Indianapolis, for appellant.
Edwin K. Steers, Attorney General, and Owen S. Boling, and Thomas F. Crowdus, Deputy Attorneys General, for appellee.
Appellant was convicted under an affidavit in three counts, charging him with (1) driving a motor vehicle while under the influence of intoxicating liquor, (2) reckless driving, and (3) public intoxication.
The sole error assigned is the overruling of his motion for a new trial. All questions sought to be presented under the motion for a new trial depend upon the evidence, which is not in the record.
Therefore nothing is before this court.
Judgment affirmed.
Bobbitt, Emmert, Draper, and Gilkison, JJ., concur.
NOTE. — Reported in 119 N.E.2d 717.