State v. Ferguson

Gabriel®, J.

I. The appeal was perfected on February 2, 1942. On May 2d, pursuant to our Rule 32, appellant served upon the attorney general and the clerk of this court notice of her desire to submit the cáse upon a printed abstract and brief and argument. The abstract was filed on August 10th. The State has moved to strike the abstract because not filed within one hundred and twenty days after the appeal was perfected, as required by section 12847, Code, 1939. The motion was ordered submitted with the case. The motion must be sustained. Our Rule 32 plainly provides that “section 12847 of the…