Breithaupt v. State

McGHEE, Justice.

On April 5, 1951, the petitioner was sentenced to serve a term of not less than six years nor more than ten years in the penitentiary following his conviction in the District Court of Eddy County on a charge of involuntary manslaughter. He filed an application for a delayed appeal in the district court where he was convicted on October 17, 1952, and on the day following the application was denied as having been made too late.

Under our Rules 5 and 6, secs. 19-201 (5) and 19-201(6), 1941 Compilation, appeals must be taken or a writ of error sued out within three months from the…