157 Ind. 113 | Ind. | 1901
Appellee was charged by affidavit and information with the crime of forgery. At the conclusion of
It is settled law in this State under §1916 Burns 1894, §1847 R. S. 1881 and Horner 1897, that in criminal cases if time is given beyond the term within which to’ file bills of exceptions, it must be granted before or at the rendition of the judgment. Ewbank’s Manual, §33, p. 45; Hotsenpiller v. State, 144 Ind. 9; Bruce v. State, 141 Ind. 464; Guenther v. State, 141 Ind. 593, 594, 595; Barnaby v. State, 106 Ind. 539; Hunter v. State, 101 Ind. 406. It follows, therefore, that the bill of exceptions filed in vacation is not in the record, and can not be considered.
As appellant relies upon the matters set forth in said bill of exceptions to sustain the assignment of errors, it is clear that there is nothing in the record to’ support the same. The appeal is not sustained.