Mahone v. State

HARWOOD, Presiding Judge.

The Attorney General has filed a motion to strike this record on the grounds that it was not timely filed in this court.

The minute entry shows that this appellant was found guilty of assault with intent to murder on 23 October 1956, and was so adjudged on that day.

On 25 October he was sentenced, and on that day the record recites:

“Questions of law having arisen on the trial of this case, for determination by the Court of Appeals of Alabama, it is ordered by the court that execution of judgment and sentence in this case is suspended pending an appeal taken by defendant…