The transcript of evidence was filed in vacation. There is no order in the record showing its filing, or properly making it a part of the record. The motion to strike it from the record must be sustained. Maynard v. Commonwealth, 210 Ky. 362,275 S.W. 871; Ford v. Commonwealth, 223 Ky. 677, 4 S.W.2d 683; Jones v. Commonwealth, 225 Ky. 273, 8 S.W.2d 382.
The appeal is denied, and the judgment affirmed.