
    7398.
    Sharpe v. The State.
    Decided July 27, 1916.
    Indictment for embezzlement; from Toombs superior court— Judge Kawlings. December 39, 1915.
    
      E. J. Giles, L. J. Oowart, W. E. Brown, O. W. Sparks, for plaintiff in error. B. Lee Moore, solicitor-general, contra.
   Hodges, J.

In every application for a new trial a brief of the testimony in the case shall 'be filed by the movant, under the revision and approval of the court. Civil Code, § 6306. Where an order is taken to hear a motion for. a new trial in vacation, the brief of evidence must be presented for approval within the time fixed by the order, or else the motion will be dismissed. Civil Code, § 6090. In this case, no brief of evidence' having been tendered to the presiding judge for approval upon the hearing of the motion, the judge did not err in dismissing the motion. _ Judgment affirmed.  