State v. Nelson

MR. JUSTICE ANGSTMAN:

Defendant was convicted of the crime of burglary, alleged to have been committed on or about January 21, 1954, and has appealed from the judgment of conviction. The state filed a motion to dismiss his appeal upon the ground that the court’s order extending the time for a bill of exceptions granted the defendant until February 22, 1955, within which to file the same, but alleges it was not actually filed until May 12, 1955, and upon the further ground that the record shows that counsel for the state did not receive the two days notice required by R.C.M. 1947, section…