Earnest v. State

1. Where one has been convicted and sentenced in a criminal ease and has made a motion for a new trial, he can not, while the motion is still pending and undisposed of in the lower court, maintain a bill of exceptions assigning error upon the refusal of the court to set aside the sentence and judgment, the motion to set aside being based on an alleged error committed at the trial that entered into and affected the judgment, viz., that the sentence and judgment were passed and signed while the defendant was absent from the court-room. If the motion to set aside should be sustained, it would…