State v. Potts

*76OPINION

By THE COURT:

Submitted on motion of appellee to strike the bill of exceptions and dismiss the appeal for the reason that the bill of exceptions was not filed within the time fixed by §13445-1 GC.

The motion for new trial, after judgment and sentence, was filed on the 25th of April, 1953. The notice of appeal was filed the same day, the bill of exceptions was settled, allowed and filed with the Clerk of the trial court on June 4, 1953. Forty days elapsed between the date of the overruling of the motion for new trial and the filing of the bill of exceptions.

Sec. 13445-1 GC provides

“The…