Richardson v. State

Decided November 15, 1904

Supreme Court of Alabama · decided 1904-11-15

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.

Relies on Rosson v. State · Alabama Mineral Railroad v. Marcus · Wright v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1904-11-15

How this case has been cited

Cited by 5 later decisions — most recently October 1935

5 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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SIMPSON, J.

¶1The motion to strike the bill of excep-. tions from the files is sustained.

¶2On 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.” . -'

¶3An 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 v. State, 92 Ala. 76; Wright v. State, 136 Ala. 50; Scott v. State, 37 So. Rep. 366.

¶4The motion to strike the bill of exceptions is sustained and the judgment of the Court is affirmed.

¶5Affirmed..

McClellan, G. J., Tyson and Andekson, J. J., concurring. /