Evett v. State

RICE, Judge.

It now appears that by the return to the writ of certiorari ordered in this case the corrected transcript shows an indictment in regular form against appellant. And that the proceedings leading to his conviction were in all respects conducted in the form prescribed by law.

It further affirmatively appears that he was convicted and sentenced on September 15, 1938; that his counsel filed a motion to set aside the verdict of the jury, and the judgment rendered thereon, on September 29, 1938; but that said motion was not noticed by the court until December 19, 1938, upon which date an…