Cunningham v. State

COLEMAN, Justice.

Defendant was convicted of manslaughter and appealed to the Court of Appeals where the record was stricken and the appeal dismissed because the record was filed in that court “ * * * some four months and twenty days after the date it should have been filed.” No application for extension of time for filing was made either to the trial court or to the Court of Appeals.

Defendant’s application for rehearing in the Court of Appeals was overruled August 19, 1958. Within fifteen days thereafter, on September 1, 1958, defendant filed in the Supreme Court his petition for certiorari…