E. L. Cook v. State Alabama

LIVINGSTON, Chief Justice. E. L. Cook was indicted and tried in the Circuit Court of Russell County, Alabama, for the murder
of John Mancil. Defendant interposed a plea of not guilty. The jury returned a verdict or guilty of murder in the first degree
and fixed punishment at life imprisonment in the state penitentiary. The court adJudged and sentenced the appellant accordingly,
and from such judgment this appeal is taken. The judgment of conviction was entered on October 14, 1954, and an appeal was taken the same day. A motion for a new trial
was filed on October 15, 1954, and was denied on June 28, 1955. The court reporter filed the transcript of testimony with
the Clerk of the Circuit Court of Russell County on the 23rd day of July, 1955. The state has made a motion to strike the
transcript of testimony in that it was not filed within the sixty days allowed for the taking of an appeal as provided for
in Sec. 827(4), Title 7, Code of Alabama 1940, Cum.Pocket Part.