Smith v. State

OPINION

WALKER, Presiding Judge.

From his conviction of murder in the second degree with imprisonment of ten years, the defendant below, Charles Webster Smith, appeals in error.

The case was tried April 15 and 16, 1974, by Judge Perry H. Sellers who retired September 1, 1974, and then signed the bill of exceptions when it was presented to him as a late one August 22, 1975. The retired judge was without authority to sign the bill of exceptions more than 60 days after vacating office and we remanded it for the successor judge to approve it under T.C.A. § 27-110 if he found that it fairly stated…