Duke v. State

MERRILL, Justice.

The appeal is on the record proper without a transcript of the testimony. When so, the only question presented for review is the regularity of the proceedings in the circuit court. Harper v. State, Ala., 88 So.2d 788.

But appellee has moved to dismiss the appeal for appellant’s failure to comply with Supreme Court Rule 37, Revised Rules effective June 1, 1955 and amended February 17, 1956. The pertinent part of the rule, which was not affected by the amendment, reads:

“In all cases either civil or criminal, the transcript shall be filed with the clerk of this court within sixty…