State v. Valerio

ROBERT H. ANDERSON, Circuit Judge.

This cause is before the court on motion of the state, appellee herein, to dismiss the appeal. Briefs have been submitted and oral arguments had on said motion.

The court is of the opinion that the motion to dismiss the appeal has merit, but its attention is called to the sentence imposed, and it appears that the sentence is erroneous.

The adjudication was made on the 28th day of June, 1960, after a plea of guilty. On that date, the criminal court of record suspended the passing of sentence from day to day and time to time until further order. On that date the…