McOllister v. State

• Decision Date: 12 June 1913
• Citation: 62 So. 767,183 Ala. 8
• Parties: McOLLISTER v. STATE.
• Court: Alabama Supreme Court

62 So. 767

183 Ala. 8

McOLLISTER v. STATE.

Supreme Court of Alabama

June 12, 1913

Appeal from Circuit Court, Colbert County; C.P. Almon, Judge.

Tom McOllister, alias, etc., was convicted of crime, and he appeals. Affirmed.

Almon, Andrews & Peach, of Sheffield, for appellant.

R.C. Brickell, Atty. Gen., and W.L. Martin, Asst. Atty. Gen., for the State.

MAYFIELD, J.

The bill of exceptions in this case must be stricken on motion of the Attorney General. The time within which bills of exceptions must be presented to the trial court and signed by him is fixed by statute. Code, § 3019. They are required to be presented within 90 days from the day on which judgment is entered. The true date of presenting is required to be evidenced by the trial judge and by his signing his name to such indorsement.

The judgment in this case was entered on October 19, 1912, and the indorsement of the trial judge shows that it was presented to him on January 18, 1913. It was therefore not presented within the time prescribed by the statute and must be stricken on motion of the Attorney General, as is authorized by section 3020 of the Code. Cassell's Mill v. Strater Bros., 166 Ala. 274, 51 So. 969, and cases cited; Smith v. State, 166 Ala. 24, 52 So. 396; Edinburgh Co. v. Canterbury, 169 Ala. 444, 53 So. 823; Smith v. Smith, 173 Ala. 547, 55 So. 1009.

The record in this case has been carefully examined and searched for error as required by section 6264 et seq. of the Code, but no error has been found. It therefore results that the judgment of the lower court must be affirmed.

Affirmed.

DOWDELL, C.J., and ANDERSON and DE GRAFFENRIED, JJ., concur.