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HORNBUCKLE v. STATE

8 Div. 943.

105 So.2d 864 (1958)

Robert Horace HORNBUCKLE v. The STATE of Alabama.

Supreme Court of Alabama.

Rehearing Denied October 30, 1958.

Attorney(s) appearing for the Case

Smith, Johnston & Butler, Huntsville, for appellant.

John Patterson, Atty. Gen., and David W. Clark, Asst. Atty. Gen., for the State.

MERRILL, Justice.

Appellant was convicted of murder in the second degree and sentenced to ninety-nine years imprisonment in the penitentiary.

The State has filed a motion to dismiss the appeal because the transcript was filed more than sixty days after the transcript of the evidence was established in the trial court.

Supreme Court Rule 37, as amended, Code 1940 Tit. 7 Appendix, provides that the transcript shall be filed with the clerk of this court...

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