United States v. Sena

Citations

• 12 N.M. 397
• 78 P. 58

Syllabus

<p>SYLLABUS.</p> <p>1. Appeals in criminal cases must be applied for during the term of court at which final judgment is rendered.</p> <p>2. An appeal taken more than thirty days before a regular term of the Supreme Court is returnable at the ensuing term.</p> <p>3. The trial judge has no authority to sign a bill of exceptions nor to extend the time for settling the same, after ten days before a regular term of the Supreme Court, in a ease appealed more than thirty days before such term, except in cases where the time has been extended prior to ten days before the term at which the case is returnable.</p> <p>4. Chapter 99, Session Laws, 1901, did not extend the time in which to have a bill of exceptions settled and signed.</p> <p>5. The repeal of chapter 99, Session Laws 1901, took from the Supreme Court all jurisdiction to hear and determine appeals in criminal cases, not applied for during the term at which final judgment was rendered.</p> <p>6. An appeal in a criminal case returnable at the January, 1903, term of the Supreme Court, docketed and dismissed by appellant, and a second appeal allowed on the same day. Held: that the Supreme Court had no jurisdiction to hear and determine such appeal after the repeal of chapter 99, Session Laws 1901.</p>