Spears v. State

RICE, Judge.

In this case the bill of exceptions shows on its face that it was presented to the trial judge more than ninety days after the date of the judgment from which the appeal was taken, and not filed with the clerk prior to its presentation to the judge. It was therefore not a compliance with Section 6433, Code 1923, Code 1940, Tit. 7, Sec. 822, and subject to the motion to strike it made by the Attorney General under authority of Section 6434, Code 1923, Code 1940, Tit. 7, Sec. 827. He has made and submitted such a motion.

The bill of exceptions in a criminal case must be taken and…