Barrett v. State

This is an appeal from the denial of a verified application for permission to file a belated motion for a new trial.

Appellant was convicted of first degree arson on February 19, 1951, after a trial by jury. He was represented in the trial by two attorneys. The time for 'filing motion for a new trial expired March 21, 1951. On October 18, 1951, appellant filed his verified petition for permission to file a belated motion for new trial. An answer was filed by the State of Indiana under our Rule 1-3. On December 13, 1951, appellant was ordered returned from the Indiana State Prison for the…