Richardson v. State
Supreme Court of Alabama
Appeal from the Circuit Court of Gadsden. Tried before the Hon. John H. Disqxjb. The appellant in this case was indicted, tried and convicted for robbery, and was sentenced to imprisonment in the penitentiary for 40 years. In the Supreme Court there was a motion made to strike the bill of exceptions from the file upon the ground that it was not signed within the time allowed by law.
1Opinion of the CourtSimpson, J.
The motion to strike the bill of excep-. tions from the files is sustained.
On November 16th 1904, the defendant was sentenced and the court granted him “until .January, 5th 1905” in which to have the bill of exceptions signed by the presiding judge.” . -'
An order was made by the court, ^yn. January 5th 1905, (in vacation) extending the'tijme “until January 6th 1905.” The words “until Jaiiuary 5th” excluded that day, and consequently the time for signing the bill of exceptions expired on the night of January 4th. — Johnson v. State, 37 So. Rep. 421; A. & M. Co. v. Marcus, 128 Ala. 355; Rosson…
2Cases cited3 opinions
- Rosson v. StateSupreme Court of Alabama · 1890
- Alabama Mineral Railroad v. MarcusSupreme Court of Alabama · 1900
- Wright v. StateSupreme Court of Alabama · 1902
3Cited by5 opinions
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- Southern Ry. Co. v. MontgomerySupreme Court of Alabama · 1934
- Oberhaus v. State ex rel. McNamaraSupreme Court of Alabama · 1911
- Jeremy Fuel & Grain Co. v. Denver & R. G. R.Utah Supreme Court · 1921