Miller v. State

1. There is a written motion by the State to dismiss the bill of exceptions upon the ground that “no certificate was filed in the court below upon the filing of the bill of exceptions in this case as required by rule 60 (a.), par. 6318, of. the rules of superior court.” The motion is not sworn to, and no proof (by certificate of the clerk of the trial court or otherwise) is submitted to sustain the averment in the motion. Held: Conceding (but not deciding) that a bill of exceptions should be dismissed when it is established by proof that *141the required certificate has not been filed, the motion…