Lane v. State, 6 Div. 198
| Decision Date | 22 May 1956 |
| Docket Number | 6 Div. 198 |
| Citation | 87 So.2d 668,38 Ala.App. 487 |
| Court | Alabama Court of Appeals |
| Parties | Velma LANE v. STATE. |
Skidmore & Davidson, Tuscaloosa, for appellant.
John Patterson, Atty. Gen., and Owen Bridges, Asst. Atty. Gen., for the State.
In this cause the Attorney General has timely moved to dismiss this appeal on the grounds that it affirmatively appears that the record was not filed in this court within sixty days after the transcript of the evidence had been established in the court below.
The record shows that the transcript of the evidence was filed with the circuit clerk on 3 August 1955, with notice to counsel, as required by Section 827(la), Title 7, Code of Alabama 1940.
No objections were filed to the transcript of the evidence within ten days of its filing with the circuit court. Therefore, the correctness of the transcript of evidence must be conclusively presumed as of the date of its filing. Section 827(la), supra.
Thereafter the full record was not filed in this court until 22 November 1955, some 110 days after establishment of the transcript of the evidence in the court below.
Section 769, Title 7, Code of Alabama 1940, provides that the appellant shall file the transcript (full record) in the office of the clerk of this court within sixty days of the establishment of the bill of exceptions. The transcript of the evidence is now of course substituted for the bill of exceptions.
Further, Supreme Court Rule 37 provides as follows:
No extension of time for the filing of the record in this court was sought in either the court below or in this court.
It appears therefore that the operation of statutes and rules appertaining necessitate a granting of the Attorney General's motion to dismiss this appeal, and it is so ordered.
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...273 Ala. 704, 143 So.2d 192; Aaron v. State, 39 Ala.App. 84, 94 So.2d 415; Clark v. State, 38 Ala.App. 480, 87 So.2d 669; Lane v. State, 38 Ala.App. 487, 87 So.2d 668. So at the end of September 18, 1969, when there had no been filed with the circuit clerk any objection to the transcript of......
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Relf v. State, 5 Div. 671
...we call attention that there is no conflict in our holding in the instant case with the two Court of Appeals cases of Lane v. State, 38 Ala.App. 487, 87 So.2d 668, and Clark v. State, 38 Ala.App. 480, 87 So.2d 669. In each of those cases, the transcript of the evidence was filed by the cour......
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...Several decisions of the Court of Appeals and of this court have stated that this statute means exactly what it says. In Lane v. State, 38 Ala.App. 487, 87 So.2d 668, it is 'No objections were filed to the transcript of the evidence within ten days of its filing with the circuit court. Ther......
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