Whitton v. State

Birdsong, Presiding Judge.

The defendant, Bobby Whitton, appeals his conviction of two counts of arson. Trial was held October 2-3, 1972, and on October 5, *635defendant was sentenced to serve one year on each count. A pre-printed, standard form motion for new trial was filed on October 5, alleging the general grounds. Included within the standard form was a rule nisi which was signed by the trial judge on October 5, 1972, but the date of the hearing was left blank. The order cited that: “Defendant having obtained a rule nisi in a motion for new trial,” he was granted an appeal bond in the amount…