Lewis v. State
| Decision Date | 30 June 1915 |
| Docket Number | 606 |
| Citation | 69 So. 913,194 Ala. 1 |
| Parties | LEWIS v. STATE. |
| Court | Alabama Supreme Court |
Rehearing Denied Nov. 18, 1915
Appeal from Circuit Court, Sumter County; Bernard Harwood, Judge.
Tom Lewis was convicted of murder, and he appeals. Affirmed.
Ben. F. Elmore and W.F. Herbert, both of Demopolis, for appellant.
W.L. Martin, Atty. Gen., and W.H. Mitchell, Asst. Atty. Gen., for the State.
Section 3019 of the Code of 1907 provides that:
"Bills of exceptions may be presented at any time within ninety days from the day on which the judgment is entered, and not afterwards."
The judgment in this case was rendered and entered October 21, 1914, and the bill was not presented to the trial judge until January 22, 1915, more than 90 days after the rendition of the judgment, and the motion of the state to strike same must be sustained. It is true that the sentence was not imposed until October 24th, but the judgment of conviction, as disclosed by the record, was rendered and entered October 21st, and the time runs from the rendition and entry of the judgment, and not from the date of sentence. Ramey v. State, 9 Ala.App. 51, 64 So. 168.
As the bill of exceptions must be stricken, and as no reversible error is disclosed by the record proper, the judgment of the circuit court is affirmed.
Affirmed.
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Patterson v. State of Alabama 15 8212 18, 1935
...of exceptions 'runs from the date of the judgment of guilty, not from the date of sentence.' The court cited the case of Lewis v. State (1915) 194 Ala. 1, 69 So. 913, where that rule had been laid down. And in view of this long-established rule in Alabama as to the day from which the time s......
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Patterson v. State
...The time for presenting bills of exceptions runs from the date of the judgment of guilty, not from the date of sentence. Lewis v. State, 194 Ala. 1, 69 So. 913. bill of exceptions was presented March 5, 1934, the ninety-fourth day. This was too late unless the time was extended by the inter......
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Peoples v. State
...9 Ala. App. 51, 64 So. 168; Boss Livery Co. v. Bailey, 17 Ala. App. 418, 85 So. 572; Smith v. State, 166 Ala. 24, 52 So. 396; Lewis v. State, 194 Ala. 1, 69 So. 913. The supra, is mandatory, and the limitation of 90 days within which to present a bill of exceptions is jurisdictional. Author......
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Griffin v. State, 4 Div. 585.
... ... The record discloses the verdict returned and ... judgment of conviction thereon on May 31, 1939, and sentence ... pronounced June 1, 1939. The time for presenting bills of ... exceptions runs from the date of the judgment [29 Ala.App ... 349] of guilty, not from the date of sentence. Lewis v ... State, 194 Ala. 1, 69 So. 913; Patterson v ... State, 229 Ala. 270, 156 So. 567. The bill of exceptions ... was presented September 1, 1939, which was more than ninety ... days after the judgment of conviction herein. The motion is ... therefore well-taken and the bill of exceptions is ... ...