Griffin v. State

Alabama Court of Appeals

Griffin v. State

196 So. 136, 29 Ala. App. 348, 1940 Ala. App. LEXIS 1

CourtAlabama Court of Appeals

DecidedApril 2, 1940

Docket4 Div. 585.

StatusPublished

Cited by2 cases

This text of 196 So. 136 (Griffin v. State) is published on Counsel Stack Legal Research, covering Alabama Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Griffin v. State, 196 So. 136, 29 Ala. App. 348, 1940 Ala. App. LEXIS 1 (Ala. Ct. App. 1940).

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Opinion

SIMPSON, Judge.

The defendant was convicted of the offense of violating the prohibition law and appeals.

The State submits a motion, duly filed under the provisions of Section 6434, Code of 1923, to strike the bill of exceptions in this case because not presented within the time required by law. The record discloses the verdict returned and judgment of conviction thereon on May 31, 1939, and sentence pronounced June I, 1939. The .time for presenting bills of exceptions runs from the date of the judg *349 ment of guilty, not from the date of sentence. Lewis v. State, 194 Ala. 1, 69 So. 913; Patterson v. State, 229 Ala. 270, 156 So. 567. The hill of exceptions was presented September 1, 1939, which was more than ninety days after the judgment of conviction herein. The motion is therefore well-taken and the bill of exceptions is stricken. Patterson case, supra; Jones v. State, 237 Ala. 614, 188 So. 384.

The record proper appears in all respects regular and the judgment is accordingly affirmed.

Affirmed.

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SIMPSON, Judge.

The defendant was convicted of the offense of violating the prohibition law and appeals.

The State submits a motion, duly filed under the provisions of Section 6434, Code of 1923, to strike the bill of exceptions in this case because not presented within the time required by law. The record discloses the verdict returned and judgment of conviction thereon on May 31, 1939, and sentence pronounced June I, 1939. The .time for presenting bills of exceptions runs from the date of the judg *349 ment of guilty, not from the date of sentence. Lewis v. State, 194 Ala. 1, 69 So. 913; Patterson v. State, 229 Ala. 270, 156 So. 567. The hill of exceptions was presented September 1, 1939, which was more than ninety days after the judgment of conviction herein. The motion is therefore well-taken and the bill of exceptions is stricken. Patterson case, supra; Jones v. State, 237 Ala. 614, 188 So. 384.

The record proper appears in all respects regular and the judgment is accordingly affirmed.

Affirmed.

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196 So. 136, 29 Ala. App. 348, 1940 Ala. App. LEXIS 1, Counsel Stack Legal Research, https://law.counselstack.com/opinion/griffin-v-state-alactapp-1940.

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