Austin v. State
| Court | Arkansas Supreme Court |
| Writing for the Court | PER CURIAM. |
| Citation | Austin v. State, 36 S.W.2d 400, 183 Ark. 481 (Ark. 1931) |
| Decision Date | 16 March 1931 |
| Docket Number | 208 |
| Parties | AUSTIN v. STATE |
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...
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West v. Smith
...too late and ordered it stricken, following our earlier cases of Boatright v. State, 195 Ark. 611, 113 S.W.2d 107; and Austin v. State, 183 Ark. 481, 36 S.W.2d 400. At the time of the decision in Chandler v. State, the Statute on filing a bill of exceptions was contained in § 1543 Pope's Di......
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Casteel v. Yantis-Harper Tire Company
... ... The authorities from our own ... and other jurisdictions are reviewed in the recent cases of ... Hunter v. First State Bank of Morrilton, ... 181 Ark. 907, 28 S.W.2d 712, and Andrews v ... Bloom, 181 Ark. 1061, 29 S.W.2d 284; and ... Mullins v. Ritchie Grocery ... ...
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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 ... ...
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French v. State
... ... his bill of exceptions. The judge signed and appellant 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 ... ...