Dehay v. State

BELCHER, Judge.

The conviction is for unlawfully practicing medicine; the punishment, 30 days in jail and a fine of $400.

The state contends that this appeal should be dismissed because no notice of appeal was given during the term of court at which the judgment of conviction was rendered and entered or during the term in which the motion for a new trial was overruled.

The original motion for a new trial was timely filed September 30, 1955. This was during the August Term of court which expired October 1, 1955. Under the provisions of Art. 755, Vernon’s Ann. C.C.P., the original motion not…