MR. JUSTICE BREWER, after stating the case, delivered the opinion of the court.
The Supreme Court of the Territory, at the request of the defendant made and certified a statement of the facts in the case. This is in accordance with the act of April 7, 1874, 18 Stat. 27, which, in section 2, a section providing for the exercise of the appellate jurisdiction of this court over the judgments and decrees of territorial courts, reads: "That on appeal, instead of the evidence...
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