
    Thorpe v. The State.
    1. The evidence was ample to prove the corpus delicti and to warrant a verdict of guilty. There was no error in refusing to charge the jury as requested, and no cause for a new trial.
    2. In order for counsel for a plaintiff in error, as matter of legal right, to protect himself against the payment of costs in this court, it is necessary that a proper pauper affidavit, made by his client and filed in the court below before the transcript of the record is certified, should be by copy thereof embraced in the transcript. And this court will not exercise any discretion it may have to allow the proper affidavit to be filed and sent up afterwards, where the case is absolutely without merit and consequently one which should never have been brought up for review on any terms.
    May 15, 1893.
    Indictment for murder. Before Judge Falligant. Chatham superior court. March term, 1898.
    Cain & Kennedy, and John Nicolson, Jr., by Harrison & Peeples, for plaintiff in error. J. M. Terrell, attorney-general, and W. W. Fraser, solicitor-general, contra.
    
   Judgment affirmed.  