Matheson v. State

OPINION

ROBERTS, Judge.

The offense is murder without malice; the punishment, four years.

Initially, we are confronted with a jurisdictional problem in this cause. The record reflects that judgment was entered on August 10, 1970; sentence was pronounced on August 12, 1970; appellant’s motion for new trial and his amended motion for new trial were filed on August 20, 1970; notice of appeal was given on September 25, 1970.

The record is silent as to any waiver of the ten days in which to file a motion for new trial or in arrest of judgment. If the sentence was improperly and untimely pronounced…