Lyons v. State

HARWOOD, Presiding Judge.

The Attorney General has filed a motion to strike the record and dismiss the appeal in this cause on the ground that it was not timely filed in this court.

The record affirmatively shows that the transcript of the evidence was filed with the clerk below on 16 February 1956, with notice to counsel as required by Section 827(1a), Title 7, Code of Alabama 1940.

No objections were filed to the transcript of the evidence within ten days of its filing with the clerk below. The correctness of the transcript of the evidence must be conclusively presumed as of the date of its…