164 P. 500 | Utah | 1917
The defendant was convicted of the crime of robbery, was sentenced to the state prison, and appeals.
' The state filed a motion to strike the bill of exceptions upon the ground that it was not served within the time required by our statute and that for that reason the district
1 "We have frequently held that, unless the proposed bill of exceptions is served and allowed within the time fixed by our statute, or within such an extension of that time as may, on proper application therefor, be fixed by the district court, then that court loses jurisdiction or power to settle and allow the same, and that this court may not consider a bill not settled and allowed within proper time for any purpose. Butter v. Lamson, 29 Utah 439, 82 Pac. 473; Bryant v. Kunkel, 32 Utah 377, 90 Pac. 1079; Ins. Agency v. Investment Co., 35 Utah 542, 101 Pac. 699; Metz v. Jackson, 43 Utah 496, 136 Pac. 784; Allen v. Garner, 45 Utah 39, 143 Pac. 228. The question therefore is: Was the bill of exceptions in question served and allowed within the proper time?
We now proceed to a consideration of the merits of the appeal.
Defendant’s counsel, in their brief, state the matters to be reviewed by us. in the following terms:
“The defendant was indicted upon a charge of robbery. Upon trial he was convicted. He appeals, and urges that reversible errors were committed by the trial court in three general particulars, viz.: (1) In the admission of testimony, pertaining to conversations; (2) in the admission of testimony, pertaining to identity; and (3) by the court taking into consideration circumstances, upon which it based the quantity of penalty inflicted, in direct violation of the statutes pertaining thereto.”
The record presented for review discloses no reversible error, and the judgment therefore should be, and it accordingly is, affirmed.