Clanton v. State

This cause is pending before the Court on the appellee’s Motion to Dismiss and the appellant’s Brief in Opposition thereto. The Motion to Dismiss alleges that the appellant has not preserved any error on appeal for the reason that the appellant’s Motion to Correct Errors was filed after the jury returned its verdict, but before the Court entered judgment by sentencing the defendant-appellant.

We have examined the record of the proceedings herein and find that appellee’s contention is true. The record reveals that the jury returned its verdict on February 17, 1973. The defendant then filed a…