Palmer v. State

The Civil Code of 1910, § 6178, declares: “No writ of error in a criminal case, or in an injunction case or other extraordinary remedy, shall be dismissed for the failure of the clerk of the lower court to transmit the proper papers within the fifteen days after service of the bill of exceptions, unless *538such failure is clué to the neglect or fault of the plaintiff in error or his counsel. Such cases, when the proper papers are received in the Supreme Court, shall be heard and determined as though the clerk of the lower court had not failed in the prompt performance of his duty. But nothing in…