State v. Fehl

This is a motion to dismiss the appeal of the defendant Gordon L. Schermerhorn for the reason that neither the transcript nor the bill of exceptions was filed within the time provided by statute.

It is conceded that, by virtue of the various orders of the circuit court duly made, the appellant had to and including February 1, 1934, within which to file his transcript on appeal. On January 29,1934, counsel for appellant made what is entitled an “affidavit for continuance” in which the court was requested to grant an additional 30 days’ time to file bill of exceptions and transcript on appeal.…