Long

Appellant was indicted on July 6, 1935, in an indictment containing two counts for violations of the Harrison Narcotic Act ( 26 U.S.C.A. §§ 692 , 696, see 26 U.S.C. A. §§ 1043, 1044 (a) (c-g). He was convicted on the first count and acquitted on the second count on February 29, 1936, and sentenced on March 4th. On March 6, 1936, he filed notice of appeal with the trial court. A duplicate of this notice was filed with the clerk of this court on May 13, 1936.

Appellee has moved this court to strike out the bill of exceptions and the assignment of errors.

On April 9, 1936, the time to settle the bill of exceptions was extended to May 11, 1936. On May 8, June 3, July 13, August 27, September 30, and October 20, orders were made purporting to extend the time to settle the bill of exceptions. These orders were without legal effect because beyond the jurisdiction of the court. On November 9th an order was entered settling the bill of exceptions. On the same date the judge signed the certificate to the bill of exceptions reciting that “the said bill of exceptions was duly proposed and duly and regularly filed with the clerk of said court, and thereafter duly and regularly served within…