
    The State v. Hinton, Appellant.
    
    Division Two,
    February 12, 1895.
    Practice in Supreme Court: failure to file bill of exceptions. Where no hill of exceptions has been preserved and no error appears in the record proper, the judgment will he affirmed on appeal.
    
      Appeal from Randolph Circuit Court. — Hon. John A. Hockaday, Judge.
    Aeeirmed.
    
      R. F. Walker, Attorney General, for the state.
    This case must be determined upon the record proper. Nothing else is preserved or brought here. The indictment is in the usual form; following the language of the statute under which it is drawn, it clearly and sufficiently charges the offense with which defendant was charged. R. S. 1889, sec. 3460.
   Sherwood, J.

— John N. Hinton indicted with others for murder in the second degree in killing one George Mickell, July 6, 1893, was the only one of those indicted who was found guilty, and he of manslaughter in the fourth degree, and his fine assessed at $500.

No bill of exceptions being preserved, and no error occurring in the record proper, judgment affirmed.

All concur.  