Seelbach v. State

OPINION

WALKER, Judge.

The appellants, Frankie Seelbach and Richard Dugger, were jointly tried and convicted in two cases of rape and one case of first degree burglary and were sentenced to consecutive sentences of 18 years, 12 years and five to six years, respectively. A third man, Steve Dugger, was also indicted in the three cases but was not available for trial.

On this appeal we are first confronted with a bill of exceptions filed 139 days after the motion for a new trial was overruled on July 5, 1977. The trial judge allowed 90 days for its filing and on July 18 granted the court reporter…