Moore v. State

MERRILL, Justice.

The appellant was tried and convicted of robbery on December 10, 1952, and his punishment was fixed at life imprisonment in the State penitentiary. He gave notice of appeal and seasonably made a motion for a new trial. The motion was duly continued until March 7, 1953, when it was overruled. However, on July 23, 1953, the trial judge changed his order overruling the motion for a new trial and granted same on the ground that a correct transcript could not be had.

This court, acting upon a certificate of the Circuit Clerk of Tuscaloosa County that the trial court had granted the…