State v. Wise

— This is an appeal from an order denying a motion to vacate a judgment of conviction and sentence for a criminal offense.

The facts essential to a consideration and disposition of the case are as follows: On January 31, 1944, a judgment was duly entered in the superior court for Franklin county convicting appellant, Leon Wise, of the crime of statutory rape and sentencing him to confinement in the state penitentiary for a stated period of years. Appellant gave due notice of appeal from that judgment and deposited a required sum of money as bail to insure his appearance before the court and…