Richardson v. State
| Decision Date | 09 February 1905 |
| Citation | 142 Ala. 12,39 So. 12 |
| Parties | RICHARDSON v. STATE. |
| Court | Alabama Supreme Court |
Appeal from City Court of Gadsden; John H. Disque, Judge.
Pink Richardson was convicted of robbery, and appeals. Affirmed.
Massey Wilson, Atty. Gen., for the State.
The motion to strike the bill of exceptions from the files is sustained. On November 16, 1904, the defendant was sentenced, and the court granted him "until January 5, 1905," in which to have the bill of exceptions signed by the presiding judge. An order was made by the court, on January 5, 1905 (in vacation), extending the time "until January 6, 1905." The words "until January 5th" excluded that day, and consequently the time for signing the bill of exceptions expired on the night of January 4th. Johnson v. State (Ala.) 37 So. 421; A. M. Co. v. Marcus, 128 Ala. 355, 30 So. 679; Rosson v. State, 92 Ala. 76, 9 So. 357; Wright v. State, 136 Ala. 50, 34 So. 187; Scott v. State (Ala.) 37 So. 366. The motion to strike the bill of exceptions is sustained, and the judgment of the court is affirmed.
Affirmed.
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