Perry v. State

Where a motion for a new trial is filed during the term, and an order entered setting down the hearing of the motion for a named day in vacation, that day, relatively to the hearing of the motion, is, in legal contemplation, a continuance of the term at which the order was entered. When that day arrives, the court has jurisdiction to hear the motion, or to continue it to any other day by express order. If not so heard or reset, the motion goes over to the next term of the court. Where no term order is taken, jurisdiction over the motion is ' derived from the statute. Sections- 4852 and 4853…