Skeens v. Commonwealth

The judgment attacked in this case was entered on a verdict finding David Skeens guilty of unlawful wounding and fixing his punishment at confinement in the penitentiary for five years. The Attorney General moved to dismiss the writ of error on the ground that the defendant did not file his notice of appeal and assignments of error within sixty days after final judgment.

The motion to dismiss involves the construction of Eule of Court 5:1, Sec. 4, providing: “No appeal shall be allowed unless, prior to the expiration of sixty days after final judgment, counsel files with the clerk notice of…