¶1Appellant was convicted of murder in the second degree and was sentenced to fifteen years’ imprisonment in the penitentiary.
¶2The record shows appellant was adjudged guilty on October 18, 1967, and on that day gave notice of appeal.
¶3The transcript of the evidence was not filed with the circuit clerk until April 23, 1968.
¶4The entire record was filed in this court on May 21, 1968.
¶5There was no motion for a new trial and no request for extension of time for filing the transcript of the evidence, nor was there a request in the court below or in this court for extension of time for filing the transcript of the record here.
¶6The transcript of the testimony was due to be filed in the court below within sixty days from October 18, 1967, the date ■on which the appeal was taken. The entire record was due to be filed here within sixty days from the last day upon which the transcript of the evidence could or should have been filed by the court reporter with the circuit clerk. Relf v. State, 267 Ala. 3, 99 So.2d 216; Morris v. State, 268 Ala. 60, 104 So.2d 810.
¶7The State has filed a motion to strike the transcript of the evidence and dismiss the appeal because of the lateness of the filing of the transcript of the evidence.
¶8The motion to strike the transcript of the evidence is well taken and must be granted. Cases cited hereinabove.
¶9The motion to dismiss the appeal must be denied because there was no motion to strike the entire record. With the transcript of the evidence stricken our review is limited to the record proper. No error appearing therein, the judgment is due to be affirmed.
¶10Motion to strike granted.
¶11Judgment affirmed.