Long v. State

RICE, Judge.

It affirmatively appears that judgment of conviction was entered in this case on August 14, 1939.

It further affirmatively appears that a motion to set aside said judgment and grant appellant a new trial was filed in the cause on September IS, 1939. Said motion not only was not called to the attention of the court and continued within thirty days from the date of said judgment, but was not even filed within said thirty days.

So that, in accordance with Code 1923, § 6670, on the date of the filing of said motion and ever thereafter, the trial court was without any power over said…