State v. Dyck

The opinion of the court was delivered by

Cunning-ham, J. :

We find we have no jurisdiction to pass upon the merits of this case. Appellant’s motion for a new trial was overruled at the February *559term,'1903, “and was given until May 4, 1903, within ■ which to prepare and have settled a bill of exceptions.” On May 4 an order was made by the judge, extending this time for ten days, and on May 13 the bill of exceptions was settled. The time originally given, being until May 4, expired with the expiration of May 3 ; consequently on May 4, when the additional time was given,, the court had lost…