MILLIKEN, Justice.
At the outset, the Commonwealth has moved for a dismissal of this appeal because the record was not filed in this court within sixty days after the bill of exceptions had been made a part of the record. The governing section of the Criminal Code of Practice, Section 336, subd. 4, reads: "If time be given, beyond the term at which the judgment is rendered, to present a bill of exceptions, the transcript of the record may be filed in the clerk's office...
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