State v. Carabetta

The plea in abatement recites that the judgment was entered on October 29th, 1926, that the permission of the presiding judge to take an appeal was granted on January 1st, 1927, more than two months later, that all proceedings relative to the appeal—the filing of notice of appeal, request for a finding, and the finding—were had before any permission was granted to the State to appeal, and that no permission was granted within a reasonable time from the entry of the verdict and judgment. From the record it appears that the draft-finding was filed November 22d, 1926, and the finding filed…