McOllister v. State
Supreme Court of Alabama
Appeal from Colbert Circuit Court. Tom McOllister, alias, etc., was convicted of murder and he appeals. The case was submitted on motion to strike the bill of exceptions, and on the merits. The motion to strike the bill of exceptions should be sustained. The judgment of the court was rendered on October 19, 1912, and the bill of exceptions presented to the trial judge on January 18, 1913, ninety-one days after the judgment. — Code, section 3019; McLeod v. Flournoy, 3 Ala.
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Appeal from Colbert Circuit Court. Tom McOllister, alias, etc., was convicted of murder and he appeals. The case was submitted on motion to strike the bill of exceptions, and on the merits. The motion to strike the bill of exceptions should be sustained. The judgment of the court was rendered on October 19, 1912, and the bill of exceptions presented to the trial judge on January 18, 1913, ninety-one days after the judgment. — Code, section 3019; McLeod v. Flournoy, 3 Ala. App. 547; Yolmide Goal & Golee Go. v. Nonoood, 4- Ala. Apis, 390; Gassells’ Mill v. Btrater Bros. Grain Go., 166 Ala. 274.
1Opinion of the CourtMayfield, J.
— The bill of exceptions in this case must be stricken on motion of the Attorney General. *9The time within which bills of exceptions must be presented to the trial court and signed by him is fixed by statute. — Code, § -3019. They are required to be presented within 90 days from the day on which judgment is entered. The true date of presenting is required to be evidenced by the trial judge and by his signing his name to such indorsement.
The judgment in this case was entered on October 19, 1912, and the indorsement of the trial judge shows that it was presented to him on January 18, 1913. It…
2Cases cited4 opinions
- Cassells' Mill v. Strater Bros. Grain Co.Supreme Court of Alabama · 1909
- Edinburgh-American Land Mortgage Co. v. CanterburySupreme Court of Alabama · 1910
- Smith v. StateSupreme Court of Alabama · 1910
- Smith v. SmithSupreme Court of Alabama · 1911
3Cited by5 opinions
- Harper v. StateAlabama Court of Appeals · 1915
- Sherman v. StateAlabama Court of Appeals · 1916
- McGay v. StateSupreme Court of Alabama · 1913
- Fuller v. StateAlabama Court of Appeals · 1923
- Corbin v. StateAlabama Court of Appeals · 1916