CUNNINGHAM v. STATE

1 Div. 791.

121 So.2d 890 (1960)

Ernest L. CUNNINGHAM v. STATE of Alabama.

Supreme Court of Alabama.

Rehearing Denied July 14, 1960.


Attorney(s) appearing for the Case

Arthur D. Shores and Orzell Billingsley, Jr., Birmingham, for petitioner.

John Patterson, Atty. Gen., and Wm. C. Younger, Asst. Atty. Gen., opposed.


COLEMAN, Justice.

Defendant was convicted of manslaughter and appealed to the Court of Appeals where the record was stricken and the appeal dismissed because the record was filed in that court "* * * some four months and twenty days after the date it should have been filed." No application for extension of time for filing was made either to the trial court or to the Court of Appeals.

Defendant's application for rehearing in the Court of Appeals was overruled...

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