Legal Opinion

State v. Wilbermuth

Ohio Court of Appeals

Decided August 13, 1949No. 148Published

1Opinion of the Court

*373OPINION

By THE COURT:

Submitted on motion of plaintiff-appellee to dismiss the appeal and affirm the judgment of the trial court upon the ground that the bill of exceptions was not filed within the time prescribed by law.

The defendant was charged, tried and convicted of operating a motor vehicle while under the influence of intoxicating liquor. A motion for new trial was filed, which was overruled May 7, 1949. The bill of exceptions was not filed in the-trial court until June 14, 1949. Thus it appears that the bill was filed more than thirty days after overruling of the motion for a new trial.…

2Cases cited5 opinions

  1. Luff v. StateOhio Supreme Court · 1925
  2. State v. KenneyOhio Court of Appeals · 1945
  3. Kenney v. StateOhio Court of Appeals · 1934
  4. State v. McFarlandOhio Court of Appeals · 1942
  5. Leitzy v. StateOhio Court of Appeals · 1928

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