Lyde v. State

Plaintiff in error, Kirby Lyde, was convicted of rape in the first degree, and in accordance with a verdict of the jury was sentenced to a term of 15 years’ imprisonment in the state penitentiary. An appeal from the judgment of conviction was attempted to be taken by filing in this court a petition in error with case-made.

'Counsel for the state havé filed a duly certified motion to dismiss the appeal, which, omitting the title and verification, is as follows:

“‘Comes now the defendant in error and moves the court to dismiss the appeal herein for the reason the Court of Criminal Appeals has no…