Miller v. United States

As to each of these appeals appellee has filed a motion to strike the bill of exceptions and assignment of errors.

The verdict of guilty was returned against the defendants November 7, 1935, and sentence was pronounced November 18, 1935.

Notice of appeal was filed by August Wunderlich and Walter Miller November 20, 1935, and by Carl Carrillo November 21, 1935. By order entered December 17, 1935, on stipulation of the parties, time within which to file the bill of exceptions and assignment of errors was extended to February 1, 1936. On January 30, 1936, time within which to settle and file the bill of exceptions and assignment of errors was by order extended to February 15, 1936. On February 13, 1936, a further extension was ordered allowing defendants to February 29, 1936, within which to settle and file the bill of exceptions and file the assignment of errors. On February 28, 1936, the assignment of errors was filed and an order entered extending the time within which to settle and file the bill of exceptions to March 31, 1936, and on that day the bill of exceptions was settled and filed.

As the bill of exceptions and assignment of errors were not filed within 30 days after…