State v. Summers

DOWD, Judge.

Defendant appeals his conviction following a jury waived trial. The defendant was found guilty of the failure to support “his child” who was under the age of 16 years. 1

After defendant rested his case, the court stated: “I’m going to find him guilty and sentence him to six months in the City Workhouse and I’ll grant him probation.” Defendant immediately filed a “Motion for a New Trial or for Outright Reversal and Acquittal,” which was overruled. Thereafter, defendant filed his notice of appeal to this court.

There is no showing here that the defendant was ever sentenced or that a…