Pate v. State

RICE, Judge.

Appellant was tried under an indictment charging him with the offense of murder in the first degree. He was convicted of the offense of manslaughter in the first degree, and his punishment fixed at imprisonment in the penitentiary for the term of three years.

The date of his conviction was April 11, 1941. Thereafter, on May 9, 1941, his counsel prepared and filed in the circuit court a motion for a new trial. A copy of said motion was furnished on said May 9, 1941, to the Solicitor representing the State, with the statement that said motion would be called to the attention of the…