Opinion
No. 28,764.
Filed April 17, 1951.
1. COURTS — Rules of Court — Supreme Court Rule Providing Time for Appeals Supersedes Statute. — The rule of the Supreme Court providing for the time in which appeals must be filed supersedes the statute allowing one year for appeals by the state. Burns' 1942 Replacement, § 9-2102; Rules of the Supreme Court, 2-2. p. 293.
2. CRIMINAL LAW — Appeal — Time for Perfecting — Transcript Filed Too Late — Appeal Dismissed. — Where the State of Indiana, after an acquittal in a prosecution for keeping gaming devices, filed an assignment of errors and transcript of the record in the Supreme Court more than ninety days after the judgment was rendered, the appeal was dismissed by the Supreme Court on its own motion. Burns' 1942 Replacement, § 9-2102; Rules of the Supreme Court, 2-2. p. 294.
From the Hamilton Circuit Court, Walter Shirts, Special Judge.
Joe Jacobson was acquitted of the offense of keeping gaming devices, and the State of Indiana attempts to appeal.
Appeal dismissed.
J. Emmett McManamon, Attorney General; George W. Hand and John Ready O'Connor, Deputy Attorneys General, for appellant.
Appellee herein was acquitted in the Circuit Court of Hamilton County of the offense of keeping gaming devices and judgment was entered July 1, 1950 by said court. Appellant, without 1. having secured an extension of time, filed in this court, on March 27, 1951, an assignment of errors and transcript of the record under provisions of § 9-2102, Burns' 1942 Replacement. Rule 2-2 of this court provides:
"Rule 2-2. Time for Appeal or Review. In all appeals and reviews the assignment of errors and transcript of the record must be filed in the office of the Clerk of the Supreme Court within 90 days from the date of the judgment or the ruling on the motion for a new trial, unless the statute under which the appeal or review is taken fixes a shorter time, in which latter event the statute shall control."
This rule supersedes said § 9-2102. Phillips v. Townsend (1944), 115 Ind. App. 273, 56 N.E.2d 856; Keller v. Hatfield (1945), 116 Ind. App. 105, 62 N.E.2d 400; Smith v. State (1939), 215 Ind. 276, 19 N.E.2d 549.
Since the bill of exceptions and transcript of the record were not filed with the clerk of this court within the time prescribed by Rule 2-2, this action is hereby dismissed by the court 2. on its own motion.
NOTE. — Reported in 98 N.E.2d 187.