Burnett v. State

On May 8, 1939 appellant was indicted for murder in the first degree, the charge being that appellant unlawfully and from a premeditated design to effect the death of Levy Peacock, a human being, did kill and murder the said Levy Peacock by shooting him with a pistol. On a verdict of murder in- the first degree with recommendation for mercy, defendant was a'djudged guilty and sentenced to life imprisonment in the State penitentiary.

The verdict was rendered on October 26, 1939. A motion for new trial was filed October 31, 1939, and denied November 1, 1939. October 29, 1939, was Sunday. Error…