Barton v. State

DICE, Judge.

The appeal is from a conviction for unlawfully and know ingly receiving and concealing stolen property under the value of fifty dollars upon a plea of guilty before the court, with punishment assessed at 90 days’ confinement in jail.

The state insists that the appeal should be dismissed.

Judgment was pronounced on August 6, 1957, at the August-September term of court which terminated on the 7th day of October, 1957. Motion for new trial was filed on September 12, 1957, which was beyond the ten days provided by Art. 755, V.A.C.C.P. No action was taken upon the motion by the court…