Austin v. State
| Decision Date | 16 March 1931 |
| Docket Number | 208 |
| Citation | 36 S.W.2d 400,183 Ark. 481 |
| Parties | AUSTIN v. STATE |
| Court | Arkansas Supreme Court |
Appeal from Jefferson Circuit Court; T. G. Parham, Judge; affirmed.
Judgment affirmed.
M. L. Reinberger, for appellant.
Hal L. Norwood, Attorney General, for appellee.
There appears in the record whet purports to be an agreed bill of exceptions which contains a notation signed by the prosecuting attorney as follows: "O. K. as an abstract of the testimony in the above case so far as I am able to remember." This cannot be considered upon appeal for two reasons: In the first place, it was not filed with the clerk within the time allowed by the court for filing a bill of exceptions. In the second place, it is still necessary that the trial judge sign the bill of exceptions in a felony case before it can be admitted as a part of the record upon appeal. Ward v. State, 135 Ark. 259, 204 S.W. 971. The trial judge did not sign what purports to be the bill of exceptions, and our review is limited to errors apparent on the face of the record. Both the indictment, which is for grand larceny, and the judgment and sentence, are in proper form. Therefore the judgment will be affirmed.
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West v. Smith
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Boatright v. State, 4075.
...which was two days too late, in order for same to become a part of the record for consideration on appeal by this court. Austin v. State, 183 Ark. 481, 36 S.W.2d 400. The evidence on the trial of a cause is brought into the record by filing a bill of exceptions within the time allowed by th......
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Chandler v. State
... ... bill of exceptions. The judge signed and appellant [205 Ark ... 77] filed his bill of exceptions on November 11, 1937, which ... was two days too late, in order for same to become a part of ... the record for consideration by this court. Austin ... v. State, 183 Ark. 481, 36 S.W.2d 400. The evidence ... on the trial of a cause is brought into the record by filing ... a bill of exceptions within the time allowed by the court, ... and is the only way to bring evidence into the record, so we ... cannot determine whether the evidence is ... ...