Bennett v. State

Appellant was charged by indictment with murder in the perpetration of a burglary under Acts 1941, ch. 148, §1, p. 447 [§10-3401, Burns’ 1956 Repl.]. 1 He was found guilty of murder in the first degree and sentenced to prison during life.

At the outset we are confronted by the fact that nowhere in his brief does appellant set forth the motion for new trial, or so much thereof as contains the asserted errors herein relied upon. Therefore, the errors which must be incorpo rated within the motion are not properly presented to this court. 2 Furthermore, in oral argument our attention has been…