Neely v. State

Plaintiff in error, hereinafter called defendant, was convicted of murder in the second degree for killing Percy Smith, and his punishment fixed at not more than 15 years in the penitentiary. He appealed in error and insists the evidence preponderates against the verdict and in favor of his innocence.

The Attorney General, on behalf of the State, has made a motion to dismiss the appeal or affirm the judgment upon the ground that “defendant failed to file his motion for a new trial within thirty (30) days of the verdict as required by T.C.A. 27-201.” This raises the question as to the proper…