"A bill of exception is a formal statement in writing of exceptions taken by a party on the trial to a ruling, decision, charge or opinion of the trial judge, setting out the proceedings on the trial, the acts of the trial judge alleged to be erroneous, the objections and exceptions taken thereto, together with the grounds therefor, and authenticated by the trial judge according to law." 18

"'The bill of exceptions is a simple history of the case as tried, and should contain nothing more or less than the facts as they appeared to the court and jury from the commencement of the trial until the final judgment by the court.'19

"The bill of exceptions was a formal statement for the purposes of a writ of error or appeal to a court possessing the proper jurisdiction, by way of review of the exceptions that had already been taken upon the trial." 20

18 1 Burrill Law Dictionary, page 205.

19 Gallagher vs. State, 17 Fla., 379. 20 Caston vs. McGuire, 23 Ind., 356.

The bill of exceptions was created by the Statute of Westminster II (13 Ed. I), Chapter 31. As it is of statutory origin and against the common law, the right must be strictly construed.21

21 21 Garth vs. Caldwell, 72 Mo., 630.