Burton v. State

The final order in the ease, to which the exception relates, is as follows: “It appearing that no brief of the evidence has been prepared and filed in the within case, and that no service of tins motion was made on the solicitor, it is hereby ordered that the motion for new trial be and the same is hereby dismissed.” Nothing in the record contradicts the recital of facts contained in this order, though the order originally continuing the motion provided that the brief of the evidence should be prepared and presented for approval at the time set for the hearing, and filed in the office of the…