State v. Dupuis

Citations

• 7 Idaho 614
• 65 P. 65
• 1901 Ida. LEXIS 21

Syllabus

<p>Bill OB’ EXCEPTIONS — Time of Serving — Stipulation.—The power vested by the statute in the court, or judge, to exceed, the time within which the draft of a hill of exceptions in a criminal action may be served upon the adverse party cannot be exercised by thé parties by stipulation.</p> <p>Same — Appeal—Striking Bill of Exceptions. — Upon appeal, in a criminal action, appellant’s bill of exceptions will be stricken from the files, when it appears from the record that the draft thereof was not served -within the time required by the statute, and the record fails to show that such time had been extended by the trial court, or by judge.</p> <p>'Appeal -from Order Denying New Trial — Dismissal Thereof. — . Where appellant’s bill of exceptions, in a criminal action, has been stricken out of the record, upon appeal, from anysorder denying a new trial, such appeal will be dismissed upon motion.</p> <p>MotioN fob New Trial — Time Within Which Application Must be Made. — An application for a new trial, in a criminal action, must be made within ten days after verdict, unless the time for making same has been extended by the court or judge thereof, and unless application is made within such time, or the time so extended, an appeal from an order denying a new trial will be dismissed on motion.</p> <p>(Syllabus by the court.)</p>