Burgess v. State

BETHEA, Judge. —

The appellant was convicted in the County Court for the offense of petty theft, and his punishment assessed at a fine of one dollar and one day in jail.

The indictment charges the theft of four hens, of the value of fifty cents each, from the possession of Earnest Logan.

We find in the record a motion to dismiss the appeal, filed by the County Attorney of Wood County. In support of the motion, it is shown that the appellant was convicted on the first day of December, 1926, after which he filed a motion for a new trial; that on the first day of January, 1927, the motion for new…