I concur in the judgment upon the ground that the record discloses no miscarriage of justice. But I take this occasion to state my opinion that the inability of a defendant desiring to appeal to obtain a reporter’s transcript should be made a ground for granting a new trial, as it is in a civil case. It is far better that a defendant be retried than that the state should permit itself to be subject to the criticism that it has denied an appellant a fair and adequate record on appeal.
Appellant’s petition for a hearing by the Supreme Court was denied May 18, 1955. Carter, J., was of the opinion that the petition should be granted.