Summers v. State

The appellant was convicted in the court below for obstructing a highway, and, over a motion for a new trial, judgment was rendered on the verdict.

The error assigned is the overruling of the motion for a new trial.

The attorney general has filed a written motion to dismiss the appeal, for the reason that the appellant did not serve notice of his appeal upon the clerk of the court below and the prosecuting attorney.

The cause was submitted by written agreement, and a majority of the court are of opinion that the submission of *202the cause by agreement waived the objection that notice of the appeal…