Harding v. State

J. Fred Jones, Justice.

Don E. Harding and Thomas M. Hildebrandt were convicted in the Lincoln County Circuit Court of the crime of attempt to escape. They were sentenced to three years in the penitentiary and on appeal to this court rely on the following points for reversal:

“These cases should be reversed and dismissed since the trial court refused to take any action upon the Motion for a new trial until the next term of Court.

These cases should be reversed and dismissed for the reason that the State did not prove that there was a conviction and that the alleged attempted escape was from a…