CAREY v. STATE

1 So.2d 312 CAREY v. STATE. 6 Div. 735. Court of Appeals of Alabama. Jan. 14, 1941. Rehearing Denied Feb. 18, 1941. T. J. Carey, of Haleyville, for appellant. Thos. S. Lawson, Atty. Gen., and Noble-J. Russell, Asst. Atty. Gen., for the State. [MAJORITY — RICE, Judge.] RICE, Judge. Trial of this case was had, and judgment of conviction rendered against appellant, on October 4, 1939. No motion for a new trial, was made. The bill of exceptions was presented on February 17, 1940 — considerably more than 90 days after the judgment of conviction. The State makes a motion here to strike-the bill of exceptions. We see no reason to> refuse to grant said motion. And the same is granted. Code 1928, Secs. 6433 and 6434. The record appears in all things regular; .and the judgment is affirmed. Affirmed.