Duboise v. State

The plaintiff in error was indicted, tried and convicted for the offense of assault and battery on a female under 12 years of age. His punishment for "this offense was fixed by the jury at confinement in the State prison for 25 years. It is from this judgment and the overruling of the motion for new trial filed therein that the plaintiff appeals.

The State moves that the judgment he affirmed because the bill of exceptions was not filed in time allowed by law. The assignments of error present questions of fact which can only be reached by a valid bill of exceptions. We have examined the…