State ex rel. Noble v. Langmade

The opinion of the court was delivered by

Marshall, J.:

This is an original proceeding in mandamus. The plaintiff seeks to compel the defendant to set aside an order granting a new trial.

On May 17, 1917, by the verdict of a jury, J. B. Little was found guilty of an assault with a deadly weapon. On the same day Little filed a motion for a new'trial. That motibn was overruled on June 4, 1917, and Little was then sentenced to confinement and hard labor in the state penitentiary for a period not to exceed five years. Immediately after Little was sentenced, and on the same day, notice of appeal was…