State v. Ryan

—A point of practice suggested by the attorney-general must be first noticed. He contends that the order denying a new trial cannot be reviewed, because no notice of motion for a new trial was filed in the District Court. (State v. Fry, 10 Mont. 407.) It is true that the record does not contain a full copy of the notice of motion, but the bill of exceptions in the transcript states that defendant gave notice that he would move for a new trial, and may be reasonably construed to state, in effect, that he gave this notice as provided by law. The other construction would be the strongest one…