Orum v. State

On Rehearing

On original deliverance we ignored the State’s motion to strike the evidence because of alleged late filing in the circuit court.

The judgment was rendered June 4, 1969. New trial was moved June 11; denied July 16.

Petition for a free transcript was filed July 16; denied July 21, apparently on the same grounds as in Seals v. State, 276 Ala. 654, 165 So.2d 742.1

The request for a free transcript — for aught appearing — was made in good faith. The pendency of the proceeding worked to extend the time given to get up the transcript of evidence under Michie’s 1958 Code, T. 7, § 827(4).

Thus…