Smith v. State

BOOKOUT, Judge.

Robbery; sentence: ten years.

The transcript of the evidence was filed late. In addition there is some question as to the accuracy of the transcript. The Supreme Court has held that the appellant’s appeal must be dismissed for failure to timely file a transcript of the evidence unless failure to file said transcript was not the fault of the appellant. Ex parte State; In re: Smith v. State (1976), Ala., 346 So.2d 464. Also see Ex parte State; In re: Pope v. State (1976), Ala., 345 So.2d 1385.

On January 6, 1976, the Circuit Judge of Calhoun County, Honorable William C. Bibb, in…