188 Ind. 21 | Ind. | 1918
— Appellant was indicted and convicted in the Delaware Circuit Court by a jury of keeping a place where intoxicating liquors were sold, and of being found in possession of intoxicating liquors for the purpose of sale, in violation of §1, Acts 1907 p. 689, §8351 Burns 1914.
Appellant’s motion for a new trial and his motion to arrest the judgment were each overruled, and judgment was rendered on the verdict. Each of these rulings is separately assigned as error.
Appellant, in support of his motion for a new trial, relies on certain specifications which involve a consideration of the evidence. The state insists that none of these questions can be considered for the reason that the bill of exceptions containing the evidence is not in the record. This insistence is grounded upon the claim that the record shows that the case was disposed of at the April term of the Delaware Circuit Court, and, although no time was given beyond the term, the bill of exceptions was not filed until the September term of that court. The record shows that appellant’s motion for a new trial was overruled July 3, 1917, but there is no order-book entry showing that time was then given for the filing of any bill of exceptions. The record further discloses' that the bill of exceptions in question was filed September 25, 1917. The terms of the Delaware Circuit Court begin on the first Mondays of January, April and September. §1461 Burns 1914.
In the present case it certainly appears that the proceedings in the circuit court were terminated at the April term, except the filing of the bill of exceptions, which w.as done at the September term, and it does not appear that time was allowed therefor at the April term, unless it can be said that the judge’s certificate as to the correctness of the bill would warrant such inference.
No other questions are presented, and the'judgment is affirmed.
Note. — Reported in 120 N. E. 657.