Sessions v. State

(dissenting). — The statute (art. 839, C. C. P.) positively requires: “A new trial must be applied for within two days after the conviction; but, for good cause shown, the court, in cases of felony, may allow the application to be made at any time before the adjournment of the term at which the conviction was had. When the court adjourns before the expiration of two days from the conviction, the motion shall be made before the adjournment.”

This court has expressly held this statute is mandatory, and that in misdemeanor convictions, motions for new trial can not be filed nor considered unless…