Mowdy v. State ex rel. Department of Public Safety

SIMMS, Justice:

Appellant seeks review of a district court judgment sustaining an order by the Commissioner of Public Safety revoking the drivers license of appellant. The district court judgment was entered November 9, 1973. Appellant filed a motion for new trial December 3, 1973, with a notation of leave granted by the trial judge to file out of time. The motion was denied by order entered December 21, 1973.

Before the thirty day period for filing a petition in error had lapsed, the trial judge allegedly told the defendant’s attorney that the denial of the motion for new trial might have been…