Austin v. State

There appears in the record what purports to be an agreed bill of exceptions which contains a notation signed 'by the prosecuting attorney as follows: “0. K. as an abstract of the testimony in the above case so far as I am able to remember.” This cannot be considered upon appeal for two reasons: In the first place, it was not filed with the clerk within the time allowed by the court for filing a bill of exceptions. In the second place, it is still necessary that the trial judge sign the bill of exceptions in a felony case before it can be admitted as a part of the record upon appeal. Ward v.…