Wright v. State
| Citation | 136 Ala. 50,34 So. 187 |
| Parties | WRIGHT v. STATE. |
| Decision Date | 16 April 1903 |
| Court | Supreme Court of Alabama |
Appeal from Criminal Court, Pike County; T. L. Borom, Judge.
Ennis Wright was convicted of an assault with a weapon, and appeals. Affirmed.
D. A. Baker, for appellant.
Massey Wilson, Atty. Gen., for the State.
Under the act establishing the criminal court for the county of Pike (Acts 1888-89. p. 631), the court is required to hold its regular terms monthly. These terms begin on the first Monday in each month. This case was tried at the October term, 1902, and on the 16th day of that month, a day during the term, and order was entered upon the minutes of the court allowing defendant 30 days to file his bill of exceptions. On the 11th day of November following, a day during the regular term held for that month, another order was entered upon the minutes of the court extending the time for the filing of the bill of exceptions 15 days. The paper in the record purporting to be a bill of exceptions bears no date showing when it was signed by the judge, but purports to have been filed with the clerk on the 25th day of November, 1902.
It is clear from the foregoing statement that it is not made to affirmatively appear that the paper purporting to be a bill of exceptions was signed within the 30 days fixed by the first order, and that, unless the second order was valid, the judge was without authority to sign it. This order is in form an order by the court, and not by the judge. It is elementary that, after the expiration of the October term, the court could make no valid order in the cause at the subsequent term. It was without power at a subsequent term to extend the time for the signing of the bill. Blake v. Harlan, 75 Ala. 205. It is true the statute (section 617, Code) confers authority upon the judge in vacation to extend the time. But the second order was not made in vacation, but in term time, and was made by the court and not by the judge. 15 Ency. Pl. & Pr. p. 340, and note.
The paper in the record purporting to be a bill of exceptions, not appearing to have been signed in time, must be disregarded. Anniston Electric & Gas Co. v. Cooper, 34 So. 931.
There is no error in the record, and the judgment of conviction must be affirmed.
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Moss v. Mosley
...respect of such extension. See the reasoning of Judge Tyson on this subject in Scott's Case (Ala.) 37 So. 366. See, also, Wright's Case, 136 Ala. 50, 34 So. 187. Section 617 the Code of 1896, confers upon the court in term time the authority to fix a time within which a bill of exceptions m......
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Hollingsworth v. Miller
...of orders, or the rendition of decrees, was concerned. Moore v. McGuire, 26 Ala. 461, 462; Blake v. Harlan, 75 Ala. 205; Wright v. State, 136 Ala. 51, 34 So. 187; Ex parte Griffin, 177 Ala. 243, 59 So. 303; Vaughan Bibb, 46 Ala. 153. The hearing of this cause was at a special term, before a......
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Richardson v. State
... ... 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 ... McCLELLAN, ... C.J., and TYSON and ANDERSON, JJ., ... ...
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Scott v. State
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