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194 Ala. 1

Lewis v. State

Supreme Court of Alabama

Decided June 30, 1915

Supreme Court of Alabama · decided 1915-06-30

<p>Appeal from Sumter Circuit Court.</p> <p>Heard before Hon. Bernard Harwood.</p> <p>Tom Lewis was convicted of murder, and be appeals.</p>

Relies on Ramey v. State

Good law ✅— No negative treatment on recordhow we know

Affirmed · Decided 1915-06-30

How this case has been cited

Cited by 4 later decisions (1 by the Supreme Court) — most recently April 1940

3 state decisions

201915192019301940decided

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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ANDERSON, C. J. —

¶1Section 3019 of the Code of 1907 provides that: “Bills of exceptions may be presented at *2any time within ninety clays from the day on which the judgment is entered, and not afterwards.”

¶2The judgment in this case was rendered and entered October 21, 1914, and the bill was not presented to the trial judge until January 22, 1915, more than 90 days after the rendition of the judgment, and the motion of the state to strike same must be sustained. It is true that the sentence was not imposed - until October 24th, but the judgment of conviction, as disclosed by the record, was rendered and entered October 21st, and the time runs from the rendition and entry of the judgment, and not from the date of sentence. — Ramey v. State, 9 Ala. App. 51, 64 South. 168.

¶3As the bill of exceptions must be stricken, and as no reversible error is disclosed by the record proper, the judgment of the circuit court is affirmed.

¶4Affirmed.

Mayfield, Somerville, and Thomas, JJ., concur.
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