McDonald v. State

On Motion for Rehearing.

Beasley, Judge.

Appellant has moved for rehearing with respect to the order of September 11 dismissing the appeal, and has also filed an amended motion for rehearing in that regard.

Defendant filed a notice of appeal from the trial court’s order denying his extraordinary motion for new trial. He did not file an application for review but instead filed a direct appeal in this Court. The record came without transcript, and before any action by this Court in the case, defendant moved that the case be returned to the trial court for further proceedings. That was done and the…