Opinion
6 Div. 735.
January 14, 1941. Rehearing Denied February 18, 1941.
Appeal from Circuit Court, Winston County; R.L. Blanton, Judge.
Leonard Carey was convicted of an attempt to distill acoholic liquors, and he appeals.
Affirmed.
Certiorari denied by Supreme Court in Carey v. State, 241 Ala. 99, 1 So.2d 313.
T.J. Carey, of Haleyville, for appellant.
Thos. S. Lawson, Atty. Gen., and Noble J. Russell, Asst. Atty. Gen., for the State.
Trial of this case was had, and judgment of conviction rendered against appellant, on October 4, 1939. No motion for a new trial was made.
The bill of exceptions was presented on February 17, 1940 — considerably more than 90 days after the judgment of conviction.
The State makes a motion here to strike the bill of exceptions. We see no reason to refuse to grant said motion. And the same is granted. Code 1928, Secs. 6433 and 6434.
The record appears in all things regular; and the judgment is affirmed.
Affirmed.