Page:Federal Reporter, 1st Series, Volume 4.djvu/413

 BEAND V. UNITED STATES. SW �criminal cases tried before the district court;" that "in suoh case a respondent, feeling himself aggrieved by a decision of a district court, may exoept to the opinion of the court, and tender his bill of exceptions, wbich shall be settled and allowed according to the truth, and signed by the judge, and it shall be a part of the record of the case;" that the respond- ent "may petition for a writ' of error from the judgment of the district court, * * * which petition shall be pre-' sented to the circuit judge, • * * -«rhd, on considera.tion of the importance and difficulty of the questions prescribed in the record, may allow such writ of error." �The purport of these provisions is that it is only the decis- ions of the district court which are excepted to in that court that can be reviewed under the writ of error. The questions to be considered on allowing the writ are only the questions decided by the court below, and which appear by the record to have been decided, and where, ailso, the decisions were excepted to below. In this case, the petition for the writ, which is part of the case, sets forth tha,t, on the trial, "your petitioner, by his counsel, excepted to many of the rulings of said court ;" that said rulings relate to the construction of said section of the Eevised Statutes, and to the evidence requisite for a conviction under said section } that a bill of exceptions has been made on behalf of your petitioner, aiid has been settled and allowed," "and become part of the record of the case;" and "that your petitioner is advised by his counsel and believes that the questions arising on said exceptions and presented in the record are important, and that there is good ground for the belief that the rulings of said district court, oï Bome of them, were erroneous, and will be so adjudged by the circuit court." On a writ of error allowed on such a petition, and solely on the questions raised by the bill of exceptions, it is not competent, under this statute, to review any Ôther questions. • �The bill of exceptions states that et the close of the evi^- ' dence the defendant, by his counsel, ïeqtiested the aontt to instruct the jury that there wtts û6 eV^idence in^ the case upon ' which the defendant doùld legally be 'ôonvicted ùnder'the' ����