
    THE PEOPLE v. SMITH.
    In the Absence oe a Bill oe Exceptions, the Supreme Court will not review the action of the trial court on a motion for new trial.
    Appeal from the third district court. The transcript on appeal contained several affidavits, which the defendant’s counsel in their brief claimed disclosed new evidence material on a retrial; but the affidavits were not embodied in any bill of exceptions, or otherwise identified as having been used on the motion for a new trial, and no bill of exceptions was taken.
    
      
      Kenner & Darke, for the appellant.
    
      W. H. Dickson, TI. 8. district attorney, for the respondent. „
   Emerson, J.:

The defendant was convicted of the crime of robbery. A motion for a new trial was made, which was denied. This appeal is from the order denying a new trial.

No bill of exceptions, as provided by section 313 of the criminal code, was ever prepared or settled. In the absence of a bill of exceptions, this court will not review the action of the trial court on a motion for a new trial. A recital in the order’ that exception was taken will not suffice, but the bill must be taken. There being no error complained of in the judgment-roll, and none appearing, the judgment is affirmed.

Hunter, C. J., and Twiss, J., concurred.  