State v. Leadmon

The syllabus contains a correct statement of law, and I agree with the view of the majority that the grant by the trial court of a stay of execution of its final judgment is not an extension of the time within which a defendant in a criminal case may secure the signing of bills of exceptions, or, in lieu of such bills, a certificate of the evidence under the provisions of Code, 56-6-35 and 36. State v. Consumers’ Gas and Oil Company, 130 W. Va. 755, 45 S. E. 2d 923. I also agree that, if the transcript of the evidence in this case is not properly certified as part of the record, the…