Hornbuckle v. State

MERRILL, Justice.

Appellant was convicted of murder in the second degree and sentenced to ninety-nine years imprisonment in the penitentiary.

The State has filed a motion to dismiss the appeal because the transcript was filed more than sixty days after the transcript of the evidence was established in the trial court.

Supreme Court Rule 37, as amended, Code 1940 Tit. 7 Appendix, provides that the transcript shall be filed with the clerk of this court within sixty days after the transcript of the evidence has been established in the court below. It also provides that the trial court and this…