¶1 There appears in the record what purports to be an agreed bill of exceptions which contains a notation signed 'by the prosecuting attorney as follows: “0. K. as an abstract of the testimony in the above case so far as I am able to remember.” This cannot be considered upon appeal for two reasons: In the first place, it was not filed with the clerk within the time allowed by the court for filing a bill of exceptions. In the second place, it is still necessary that the trial judge sign the bill of exceptions in a felony case before it can be admitted as a part of the record upon appeal. Ward v. State, 135 Ark. 259. The trial judge did not sign what purports to be the bill of exceptions, and our review is limited to errors apparent on the face of the record. Both the indictment, which is for grand larceny, and the judgment and sentence, are in proper form. Therefore the judgment will be affirmed.
183 Ark. 481
36 S.W.2d 400
Austin v. State
Decided March 16, 1931
Supreme Court of Arkansas · decided 1931-03-16
Relies on Ward v. State
Good law ✅— No negative treatment on recordhow we know
Decided 1931-03-16
How this case has been cited
Cited by 23 later decisions — most recently September 2000
23 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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