121 Ark. 17 | Ark. | 1915
(after stating the facts). Appellant contends that the court erred in overruling his motion for a continuance.
Appellant contends that the court was without jurisdiction. It appears that an order was first made calling a special term of the Columbia circuit court to be held on the 19th day of May, 1915. The order named several parties who were in jail, and lamong them the appellant, who were to be tried at the special term. Th,e order did not state that the special term did not interfere with any other court to be held by the same judge; nor did it state that the special term was not to be held -within twenty days of any regular term of the Columbia circuit court ; nor did it direct the clerk to enter the order on.the record.
A few days iafter the first order was made the judge issued another order calling a special term to be held on the 19th of May, 1915. This order was identical with the first except that it did not name the defendant (appellant) as one of the parties confined in jail to be tried at the special term.
The assignments of error as to the ruling of the court in refusing a certain instruction asked by appellant, and in its ruling upon the admissibility of certain testimony cannot be considered here for the reason that appellant did not file his bill of exceptions within the time granted by the trial court. Calloway v. State, 120 Ark. 204; Riley v. State, 120 Ark. 450.
The judgment is correct, and is therefore affirmed.