Jones v. State

This is an appeal from a conviction on two counts under the Offense Against Property Act, Acts 1963, ch. 10, §§ 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13 and 15, being Burns Ind. Stat. Ann. §§ 10-3028 to 10-3042, in Marion County Criminal Court, Division I. Trial was without jury.

Appellee contends that appellant’s appeal presents no question for review because appellant assigns as his sole error the overruling of his belated motion for a new trial. Appellee says that this belated motion for new trial must have been filed under what was Supreme Court Rule 2-40, which limited the scope of the…