
    W. A. Marshall, etc., v. Commonwealth.
    Appeal — Objections and Exceptions — Waiver.
    In the absence of objection to evidence, or in the absence of exceptions to instructions, any errors contained therein will be deemed to have -been waived.
    Appeal — Reversal—Misdemeanor.
    The Court of Appeals can only reverse a judgment in a misdemeanor case for errors of law appearing in -the record and prejudicial to defendant.
    APPEAL FROM OWEN CIRCUIT COURT.
    June 13, 1873.
   Opinion by

Judge Peters:

No objections were made to any evidence that was offered or heard on the trial, and no exceptions were tahen to- the instructions given to the jury at the instance of appellee, although therefore there may have been errors in those instructions we must regard them: as waived. Burns v. Commonwealth, 3 Met. 13; Sec. 275, Crim. Code.

Craddock, for appellant.

Attorney-Gmeral, for appellee.

The evidence in our opinion preponderates very decidedly against the verdict, but this court can not reverse the judgment because the court below refused to grant a new trial on that ground. In cases of misdemeanors this court can only reverse a judgment of a lower court for errors of law appearing on1 the record to the prejudice of the appellant. Sec. 348, Crim. Code.

Wherefore the judgment must be affirmed.  