Surginer v. State

Appellant was convicted of the illegal sale of liquor in local option territory, and his punishment fixed at one year’s confinement in the penitentiary.

[1] When the case was called for trial ap*146pellant made a motion for the entry of a nunc pro tunc order dismissing the, case from the docket, supporting same by the affidavit of the former county attorney, in which it is stated he dismissed a certain case against appellant and notified appellant’s attorney of that fact and thought he called the attention of the court to hi's request for such dismissal. No effort is made to show that the trial…