
    The State of Kansas v. O. J. Burwell.
    
      Appeal — Insufficient Record. The certificate of the clerk of the district court, attached to the record brought up on appeal, stated that it was a true and complete copy of the original bill of exceptions, but failed to certify that it was a full and correct transcript of the record of the cause. Held, That the omission was fatal to the appeal.
    
      Appeal from Norton District Court.
    
    The opinion states the case.
    
      John R. Hamilton, for appellant.
    
      John T. IAttle, attorney general, for The State.
   The opinion of the court was delivered by

Johnston, J.:

O. J. Burwell was convicted for willfully and feloniously receiving stolen property. The penalty adjudged was imprisonment at hard labor in the state penitentiary for a period of five years. He appeals to this court, and alleges as the principal error a remark made by the trial judge upon an objection to incompetent testimony. The attorney general insists that the record is not in a condition to justify a review. An examination shows that it embraces nothing beyond what is called a bill of exceptions. The certificate of the clerk, by which the sufficiency of the record is to be measured, is, that it is a true and complete copy of the original bill of exceptions, but he does not certify that it is a full and correct transcript of the record of the cause. This is a fatal omission, and the appeal must be dismissed. (Neiswender v. James, 41 Kas. 463; Westbrook v. Schmaus, ante, p. 214.)

All the Justices concurring.  