Daniel v. State

PRICE, Presiding Judge.

The appeal is on the record proper without a transcript of the testimony. The verdict, judgment, sentence, and taking of the appeal were January 17, 1962.

On February 14, 1962, a motion for a new trial was filed. The motion was not called to the attention of the trial judge until March 19, 1962, at which time the court granted the state’s motion to strike the motion for a new trial because it was not presented to the court within the time required by law.

On April 25, 1962, the defendant moved the court to set aside the order striking the motion for a new trial. The court…