Mosley v. State

RUSSELL, Judge.

OPINION

The threshold question in this case is whether or not the Bill of Exceptions should be considered by this court. The plaintiff-in-error, Loyd C. Mosley, on May 20, 1971, filed a motion “to dismiss the Bill of Exceptions”, wherein he contends that the last day for its timely filing was March 14, 1971, and that it was not filed until March 17, 1971. It appears that his counsel was employed, and relied upon the official court reporter (who was partially paid in advance) to timely prepare the Bill of Exceptions, which it is contended was not done. Mosley moves that the case…