Bonini received a life sentence at the High Court in Glasgow

Mark Bonini, 28, was sentenced to at least 13 years in prison after fatally wounding Andrew Morton with an air rifle pellet in Craigend in March 2005.

His lawyers had planned to challenge the sufficiency of evidence.

However, appeal court judges refused a time extension for an appeal, bringing proceedings to an end.

I'm just glad it's all over. I'm glad he can't get out Sharon McMillan Andrew Morton's mother

Lord Philip, who heard the motion with lords Kingarth and Mackay, said they had considered the history of the case and the grounds of appeal.

He said: "That ground of appeal seems to us to be in such general terms it is difficult to see where it takes the appellant (Bonini)."

Andrew Morton's mother Sharon McMillan was in court with other relatives to hear the judges' decision.

Older brother

She said: "I am just glad it is all over. I am glad that he can't get out."

Bonini was convicted in August last year of murdering the boy.

The High Court in Glasgow had heard how Andrew was hit in the head with a pellet as he was being carried in the arms of an older brother and died two days later in hospital.

Andrew Morton died after being shot near his home

Bonini had earlier been taking pot shots at a fire engine, a girl and a street lamp from the bedroom of his first floor flat.

At his trial he admitted firing the shot that killed the child, but had denied it was murder.

Bonini's counsel, Chris Shead, told the appeal court that new solicitors had been brought in to handle his legal challenge against the murder conviction.

He asked the judges for a time extension to allow a new ground of appeal to go forward.

Lord Philip said the court was continually being asked to extend the time limits for the case while a large number of members of the Bar were consulted.