State v. Mueller

The state, as respondent, moves to dismiss this appeal on the ground that no bill of exceptions was settled until September 26, 1935, which was nine months after judgment was rendered, on December 20, 1934. Upon the service of a proposed, bill of exceptions on July 19, 1935, respondent’s counsel promptly objected to the settlement thereof because more than ninety days had elapsed since *437judgment was rendered, and no extension of the time for settling the bill had been granted. The court overruled those objections and settled and signed the bill.

Respondent’s motion to dismiss the appeal must be…