This was a motion by the solicitor to dismiss as frivolous an appeal from an order of the Circuit Judge assigning a new day for the execution of the sentence imposed by a previous judge upon the defendant, and affirmed by this court. See ante, p. 198. This *614court doubted its right on motion to dismiss an appeal on the ground of frivolousness, and denied the motion.

The court further ruled that where it is impracticable to make a motion on the day fixed by the rules, this court may grant leave to have the motion made on another day.

Motion refused.