Smith v. State

Plaintiff in error,- Frank Smith, was convicted of burglary in the second t degree, and his punishment assessed at imprisonment in the penitentiary for the term of two years. In pursuance of the verdict the court rendered judgment on the 20th day of September, 1919. From the judgment an appeal was attempted to be taken by filing in this court on March 22, 1920, a petition in error with case-made.

The Attorney General has filed a motion to dismiss the appeal based upon the fact that said appeal was not taken within six months from the date on which the judgment was rendered.

Sec. 5991, Rev.…