Rosamond v. State

HAWKINS, Judge.

Conviction is for rape, with punishment assessed at thirty-five years in the penitentiary.

The state has filed a motion to strike out the bills of exceptions because not filed within the time allowed by order of the court. Sentence was pronounced, motion for new trial overruled, and notice of appeal given on February 5th, at which time an order was entered as follows: “And upon motion of defendant sixty days were allowed to defendant in which to file bills of exception and statement of facts.” Court adjourned February 9th. The bills of exception were filed on April 7th. If the…