
    1859.
    Keith v. The State.
    Indictment for burglary, from Chatham superior court — Judge Charlton. April 1, 1909.
    Submitted May 18, —
    Decided June 15, 1909.
    
      William E. Boyd, for plaintiff in error.
    
      Walter C. Eartridge, solicitor-general, contra.
   Powell, J.

The only exception is to the legal sufficiency of the evidence. What purports to be a brief of the evidence is not approved by the trial judge. There is an agreement of counsel as to its correctness; but as to this the statute requires, not the agreement of counsel, but the approval of the judge, and the one can not dispense with the necessity for the other. Judgment affirmed.  