Nix v. State

CATES, Judge.

Nix appeals his conviction of carnal knowledge, for which he has been sentenced to five years in the penitentiary.

August 12, 1958, was the date of judgment. On the same day, Nix filed a motion for a new trial with the Circuit Clerk of Winston County. October 8, 1958, the trial judge denied the motion. December 8 the court extended for “an additional thirty days to January 7, 1959” the time for filing the transcript of the evidence. The court reporter filed this transcript with the circuit clerk one day late, viz., on January 8, 1959.

Since the trial judge lives in another county,…