Judges: Parker
Filed Date: 6/5/1918
Status: Precedential
Modified Date: 10/19/2024
The' opinion of the court was delivered by
This case is submitted on briefs, and counsel for plaintiff in error has evidently drawn his briéf under the impression that the entire record of the- proceedings at the trial has been certified as provided in section 136 of the Criminal Procedure act. This is not the case. The printed book shows a writ of error and return in the ordinary form; then follows what is apparently a stenographer’s transcript, at the end of which is the following: “I do hereby certify that the foregoing is the entire record in this ease. W. Howard Jeffreys, Judge.” • What the statute provides is that “the entire record, of the proceedings had upon the trial” may be returned with the writ of error; and it was pointed out by the Court of Errors and Appeals, in State v. Armstrong, 88 N. J. L. .280, 282, that a certificate merely of the “entire record” indicates no more than the record called for by the writ. The fact that in that case the certificate was embodied in the return, and in this case it appears at the end of the printed book, does not lead us to enlarge the meaning of the words “entire record” beyond that ascribed to them in the Armstrong case. Moreover, while there are assignments of error, there is no specification of causes for reversal as re■quired by the statute (section 137), and in a similar situation it was held by the Court of Errors and Appeals that plaintiff in error was not entitled to a review of any matters except those presented by bills of exceptions and assignments of error thereon. State v. Miller, 71 Id. 527. So far as relates to the practice under sections 136 and 137, there is nothing before us for review.
"When we turn to the case as presented on strict writ of error, a similar situation appears. Of the six assignments of
As the case presents no legal challenge to the action of the trial court which is properly brought here by either method of review' provided by law, the proper course is to affirm the judgment, and it will he so ordered.