Summary
denying writ of certiorari requesting enlargement of record on appeal where movant failed to properly include exhibits within record in court below
Summary of this case from Gulf Coast Research Lab. v. AmaraneniOpinion
No. 32424.
February 22, 1937.
APPEAL AND ERROR.
Certiorari held not to lie to require clerk to complete record for Supreme Court by certifying copies of affidavits and search warrants introduced in evidence but not made part of stenographer's transcript, since defect, if such it was, could have been cured by correction of transcript as provided by statute, and clerk could not include in record any evidence not in transcript.
APPEAL from the circuit court of Rankin county. HON. D.M. ANDERSON, Judge.
Lee M. Russell, of Jackson, for appellant.
Greek L. Rice, Attorney-General, and Webb M. Mize, Assistant Attorney-General, for the State.
The appellant has filed a motion setting forth that several affidavits and search warrants introduced in evidence in the court below do not appear in the record, and requesting a writ of certiorari directing the clerk of the court below to complete the record by certifying copies of the affidavits to the clerk of this court. The affidavits were referred to, but no copies thereof were filed with the motion for a new trial. The stenographer's transcript of the evidence introduced on the motion for a new trial recites the introduction of these affidavits and identifies them only by saying "see exhibits to testimony of H.S. Garrett on trial in the cause." An examination of Garrett's testimony discloses that two of these papers were introduced as exhibits to his testimony and copies thereof are there set forth. The other affidavits and search warrants were not introduced in connection with Garrett's testimony, or referred to in the transcript thereof.
What we are presented with then is a claim that the stenographer's transcript of the evidence is incomplete. This defect in the record, if such it is, could have been cured by a proper correction of the stenographer's transcript in the manner provided by the statute before it became a part of the record. The clerk below was without power to include in the record for this court any matters of evidence not appearing in the stenographer's transcript of the evidence.
The motion, therefore, will be overruled.