State v. Richard

John Richard was found guilty of the murder of Joseph Rice and sentenced to death. Without filing a motion for a new trial, defendant appealed from his conviction and sentence. The State, through counsel, has moved to dismiss the appeal on the ground that defendant failed to exhaust his remedies in the district court.

Article 559 of the Code of Criminal Procedure is invoked in support of the motion. The article reads in part as follows: "No new trial can be granted on appeal unless a motion for same has been made and refused in the lower court; * * *." The article has been invoked and applied…