Heal v. State

Decision Date05 April 1906
Citation40 So. 571,147 Ala. 686
PartiesHEAL v. STATE.
CourtAlabama Supreme Court

Appeal from Circuit Court, Jackson County; W. W. Haralson, Judge.

"Not officially reported."

John W. Heal was convicted of an offense, and he appeals. Affirmed.

Massey Wilson, Atty. Gen., for the State.

TYSON, J.

The trial of this cause was had on September 20, 1905, resulting in a verdict of guilty. On September 23d judgment of guilty was rendered by the court upon the verdict, and defendant allowed 60 days within which to present his bill of exceptions. The court adjourned on that day. On November 22d the presiding judge made an order extending the time for the signing of the bill "until the 22d day of December, 1905." On that day the bill was signed. The time within which it could be legally signed expired with the day preceding. Richardson v. State, 39 So. 12, and cases there cited. The paper in the record purporting to be a bill of exceptions, therefore, cannot be considered.

There is no error in the record, and the judgment is affirmed.

WEAKLEY, C.J., and SIMPSON and ANDERSON, JJ., concur.

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5 cases
  • Louisville & N. R. Co. v. Scott
    • United States
    • Alabama Supreme Court
    • October 10, 1935
    ... ... merely procedural, may be made by the judge, as distinguished ... from a constituted court, and at any place in the state, ... citing section 6710, Code, and several of our cases ... Again ... it is insisted that the court lost jurisdiction over the ... Oberhaus v ... State, 173 Ala. 483, 55 So. 898; Richardson v ... State, 142 Ala. 12, 39 So. 12; Heal v. State, ... 147 Ala. 686, 40 So. 571. But this construction is not of ... universal application, dependent upon the intention with ... which it ... ...
  • Oberhaus v. State
    • United States
    • Alabama Supreme Court
    • May 30, 1911
    ...day for the signing of a bill of exceptions, "until" was exclusive of the day named. Richardson v. State, 142 Ala. 12, 39 So. 12; Heal v. State, 40 So. 571. Upon a fair survey of the authorities here and elsewhere, we hold that "till" means the same as "until," and that as marking the end o......
  • Taylorville Sanitary Dist. v. Nelson
    • United States
    • Illinois Supreme Court
    • April 20, 1929
    ...used in the order of extension * * * for serving a case, expired at twelve o'clock midnight, March 14.' The case was dismissed. In Heal v. State, 40 So. 571, reported as a memorandum decision in 147 Ala. 686, the Supreme Court held that time for a bill of exceptions extended until December ......
  • Kansas City, M. & B.R. Co. v. Simmons
    • United States
    • Alabama Supreme Court
    • April 10, 1906
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