Clisby v. State

The court’s ruling in denying defendant’s motion for a new trial is the only question presented for review.

This cause was regularly submitted upon its merits, so far as relates to this question, on April 22, 1920. The insistence is now made by the state that it affirmatively appears from the record that the bill of exceptions was not presented within the time required by law, and therefore this court must necessarily ex mero motu strike the bill of exceptions; the matter involved being jurisdictional in its nature.

[1] It appears that the judgment denying the motion for a new trial was made…