Simmons

There are two appeals in the case upon separate records—one from an order refusing to settle a bill of exceptions and denying and refusing to grant the motion of defendant to be relieved from the objection of plaintiff that defendant’s proposed bill of exceptions was not presented in time, and the other from the judgment of life imprisonment upon conviction of murder in the first degree with that penalty fixed by the jury.

In this opinion we shall consider the questions arising in both appeals.

1. Judgment was enteréd against defendant on October 2, 1906; the court on the same day made an order granting defendant thirty days in addition to the time allowed by law in which to prepare, serve, file and present his bill of exceptions; on November 10th and before the expiration of the time theretofore allowed, the district attorney entered into a stipulation with the attorney for defendant that the latter should have to and including December 11th to present his bill of exceptions; on December 8th defendant gave notice that on December 10th he would present his bill to the judge; on December 10th said bill was duly presented and thereupon the district attorney objected to the…