Cherry v. State

The plaintiff in error, the defendant in the lower court, was by information charged with attempting to break and enter a building with intent to commit larceny; was tried, convicted, and sentenced to be imprisoned in the state penitentiary for a term of five years. Defendant duly excepted and from the judgment and sentence has appealed. Petition in error and case-made was filed October 13, 1936.

On the 21st day of May, 1937, the Attorney General filed a motion to strike the case-made for the reason as shown by the case-made the judgment and sentence was rendered on the 16th day of April,…