
    CAMPBELL vs. THE STATE.
    APPEAL from Livingston Circuit Court.
    Bay, Attorney General, for the State.
    The evidence and proceedings in the cause not being preserved in a bill of exceptions, the court will presume that the circuit • court properly overruled the appellant’s motion to set aside the verdict and grant him a new trial.
   Scott, J.,

delivered the opinion of the court.

The only errors complained of in this cause, being the giving of improper instructions and the refusal to grant a new trial, and there being no bill of exceptions preserved in the record, the other Judges concurring, the judgment will be affirmed.  