Lee v. State

This case is before us on motion to vacate an order recently entered by this court dismissing the writ of error which writ was sued out on December 9, 1936.

The Attorney General’s motion for the dismissal of the writ of error was grounded upon the fact that the writ was not sued out within • the time provided by Chapter 16302, Acts of 1933.

The defendant was indicted in October, 1933, for murder in the first degree. The indictment charged that the offense was committed on May 25, 1933. The defendant was found guilty by the jury with recommendation to mercy of the court, and on April 20, 1934,…