McGay v. State
Supreme Court of Alabama
Appeal from Marengo Circuit Court. Joseph McGay was convicted of murder and he appeals. for the State. The bill of exceptions should be stricken because not filed until 91 days after judgment was entered —McOlUster v. State, infra. There is no error apparent of record, and the cause should be affirmed.
1Opinion of the CourtAnderson, J.
— This case was submitted on the merits and the motion of the state to strike the bill of exceptions.
Section 3019, in part, says: “Bills of exceptions may be presented at any time within ninety days from the day on which the judgment is entered, and not after-wards,” etc. The judgment in this case was entered January 9, 1913, and the bill of exceptions was presented April 10, 1913, 91 Days after the entry of the judgment, and, upon the authority of McOllister v. State, infra, 62 South. 767, the motion to strike the same is sustained. As the bill of exceptions must be stricken, and as the…
2Cases cited1 opinion
- McOllister v. StateSupreme Court of Alabama · 1913
3Cited by2 opinions
- Harper v. StateAlabama Court of Appeals · 1915
- Corbin v. StateAlabama Court of Appeals · 1916