Lakey v. State

Alabama Court of Appeals

Lakey v. State

3 So. 2d 141, 30 Ala. App. 213, 1941 Ala. App. LEXIS 110

CourtAlabama Court of Appeals

DecidedJune 17, 1941

Docket7 Div. 594.

StatusPublished

This text of 3 So. 2d 141 (Lakey 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

Lakey v. State, 3 So. 2d 141, 30 Ala. App. 213, 1941 Ala. App. LEXIS 110 (Ala. Ct. App. 1941).

Pincite

Opinion

SIMPSON, Judge.

Submission of the cause is on motion and on merits. The motion, seasonably presented, is by the State, to strike the bill of exceptions upon the ground that it was not signed and approved by the trial judge *214 within the time prescribed by Section 6433, Code 1923, Code 1940, Tit. 7, § 822. This alleged fact appears to be correct, the bill of exceptions having been signed by the judge 85 days subsequent to its presentment.

An examination of the bill of exceptions and other proceedings of record discloses no violation of any constitutional right of the defendant, hence the motion is due to be granted. Jones v. State, 237 Ala. 614, 188 So. 384. Rutherford v. State, 237 Ala. 613, 188 So. 385. Griffin v. State, 29 Ala.App. 348, 196 So. 136. Roberson v. State, 28 Ala.App. 128, 180 So. 591. It is so ordered.

With the bill of exceptions stricken there only remains the question of determining whether there are substantial errors or irregularities appearing of record as would constitute a reversal. We are able to discover none so the judgment of conviction is affirmed.

Affirmed.

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