Alexander v. State

1. The motion to dismiss the writ of error, on the ' ground that “The bill of exceptions was not tendered within twenty days after the overruling of the motion for a new trial,” is overruled. The bill of exceptions contains a recital that it was presented “within twenty days from the date of the order overruling the said motion for new trial.” “Where the bill of exceptions contains a recital that it was tendered within the time prescribed by law, the writ of error, will not be dismissed [on the ground that it was not tendered within that time], although it appears that the judge did not sign…