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410 thus collected into the treasury of the county; and this, without regard as to whether said city should vacate or change its boundary as provided in Section 2 of said act or not. Hence we find no error committed by the district court, and the judgment is in all things affirmed. All of the justices concurring.

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1..

Where it is not Sought to amend, modify or in any manner change the judgment rendered, and where the corrections sought are merely clerical, the acts themselves having been all properly done, and the steps affecting defendant's rights all properly taken, but the clerical record of such proceedings defectively made, the court has power after the term, to amend the record so as to set forth the proceedings as they were actually had, even where the defects in the original record were such as would be fatal to the judgment.

2..

A judgmet in a criminal case will not be reversed because the charge of the court to the jury is not made a part of the judgment roll, where the record fails to show affirmatively that defendant requested the judge to charge the jury in writing; the presumption, in the absence of any request found in the record, being that the judge charged orally.

3..

Sec. 343 of the Code of Criminal Procedure, relating to charging juries in criminal actions, in so far as it contravenes Sec. 248 of the Code of Civil Procedure, mu&t prevail in criminal causes.

Writ of error to the district court of Moody county.

Winsor & Swezey, for plaintiff in error.

In criminal actions the purpose of the record is to preserve the memory of those proceedings, which are deemed in law essential to justify the punishment. Hence it must affirmatively show the offense, the sentence and all the steps, without which the sentence would be unlawful. 1 Bishop Crim. Pro. Sec. 1347 and cases cited — Note 1; Ex parte Gidson, 31 Cal. 620;